Studia Universitatis Moldaviae. Stiinte Sociale

3-13

Authors: Maria BULGARU, Oleg BULGARU

This article reflects some aspects of the family policies implementation in Republic of Moldova and the need to introduce a series of changes that would positively influence the reproductive behavior of the population. The study is focused on the results of the research "The Reproductive Behavior of Women in Moldova", conducted by the Faculty of Sociology, State University of Moldova, in partnership with the Charles University in Prague, Czech Republic, with the financial support of the Czech Development Agency in December 2015. The results of this research highlight a number of factors - material, psychological, etc., that influence the intention of women to give birth to children. The women desire almost equally to have more children than they have today. Within current socio-economic, political and moral-spiritual crisis from Moldova, the decision to give birth to children is a matter independent to each individual and each family. This decision is untenable without broad support through various measures (financial, services, etc.) from the state institutions. By other terms, the state must actively encourage the natality and stimulate the birth of second and next children in families.

20-24

Authors: Stela MILICENCO

Supervision within social work represents a relatively new activity in the Republic of Moldova, which means offering professional assistance to staff members with the aim of increasing working abilities with beneficiaries, ensuring activity efficiency and preventing professional burnout. Supervision may be circumscribed by the concept of continuous education, through which professional development of the supervised may be enhanced.

30-38

Authors: Antonio SANDU

The purpose of this article is to highlight the perspective of the probation counsellors from N.-E. Romania on the nature and particularities of their relationship with the supervised persons. In order to conduct such an analysis, we used data collected from 12 interviews with the probation counsellors in the aforementioned region. The data was interpreted using the Grounded Theory inductive methodology. Among the most important results, there is the fact that the pro¬fessionals define a dual nature of the relationship: supervision and counselling doubled by support.

44-50

Authors: Liliana SALCUŢAN

This article presents partial results of a study which aims to establish the correlation between life style and subsistence minimum for the elderly in Moldova. In this article we intend to identify problems that prevent senior citizens afford achieve a decent way of life, providing a minimum of food, clothing and shelter to the subsistence level.

57-64

Authors: Темель КАРААСЛАН

The article describes the concept of "media education" in the context of manipulative influence of the media on human consciousness in modern society.

74-81

Authors: Tamar ZARANDIA

The principle of good faith is recognized as a vital component of modern private law. Therefore, Georgian civil law guarantees the principle as universal assessment category. Pursuant to presumption of authenticity of public registry in case of purchase of immovable property in good faith from unauthorized seller the rights of acquire are protected by Georgian Civil Code. Therefore, two circumstances exclude purchase of ownership title over immovable property in good faith per Georgian legislation: purchaser’s knowledge of the fact that the seller was unauthorized to sell the property (185,312) and complaint brought against the record (312).The crucial in the relations between two parties is the subjective attitude to identity of the actual owner-only positive knowledge of inaccuracy of the public registry records results in bad faith, while unawareness will not cause the same consequence even in case of gross negligence.

90-98

Authors: Sergiu BRÎNZA, Vitalie STATI

The subject of the present investigation is the juridical-penal implications of the adoption of Law No.133/2016 and Law No.134/2016. As a result, there is established that the special legal object of the offence specified in par.(3) art.3301 PC RM is represented by the social relations with regard to the proper conduct of work activities in the public sector, which involves, among other thing, assuring the inviolability of secret information made in the declarations of wealth and personal interests. It is pointed out that the immaterial object of the offence under par.(3) art.3301 PC RM is the information from the declarations of wealth and personal interests, information that has become known in the process of performance of work duties or by exercising control. It is argued that the victim of the offence in question is the person who has any of the following special qualities: 1) the subject of made declaration (including the person working as an information and security officer or as an investigations officer within a special missions subdivision of the Ministry of Internal Affairs, the Ministry of Defense, the National Anticorruption Authority, the Information and Security Service, the State Protection and Guard Service, of the Department of penitentiary institutions of the Ministry of Justice or the Customs Service); 2) a family member of the subject of made declaration; 3) the concubine of the subject of made declaration. There are also analyzed the alternative normative proceedings of the prejudicial act set forth in par.(3) art.3301 PC RM: 1) the disclosure; 2) the publication. It is shown that the subject of the offence under par.(3) art.3301 PC RM must have one of the following special qualities: 1) the person in charge of collecting the declarations of wealth and personal interests, designated by the chairman of one of the public institutions where all employees, according to Law No.133/2016, are required to file such declarations; 2) the President, the Vice President, the integrity inspector or any other member of the staff of the National Integrity Authority; 3) a member of the Integrity Council. It is also emphasized why it was not appropriate to supplement art.3521 PC RM with paragraph (2). It is then established that, with regard to the offence referred to at par.(2) art.3521 PC RM, the special legal object is formed by the social relations on the public trust in the declarations of wealth and personal interests. On this issue, it is concluded that, if several incomplete or false information is intentionally included in the declarations of wealth and personal interests, the offence in question has a material object, which is the genuine declaration of wealth and personal interests. In the same line of ideas, the outcome of the offence specified in par.(2) art.3521 PC RM is the declaration of wealth and personal interests containing incomplete or false information. It is argued that the prejudicial act referred to at par.(2) art.3521 PC RM has two alternative normative proceedings, of action and of inaction. It is revealed that the purpose of the offence specified in par.(2) art.3521 PC RM is manifested by the subject’s desire to cover his/her unjust enrichment. It is then established that the subject of the offence in question has the special quality of the subject of made declaration, within the meaning of art.3 of Law No.133/2016.

126-133

Authors: Denis BĂBĂLĂU

The purpose of this investigation is to reveal the characteristics of form and content of the act of conducting entrepreneurial activity without the proper registration (re-registration) to licensing authorities, which is a normative proceeding of the offences referred to at art.241 PC RM, provided by lett.a) art.125 PC RM. To this end, it is shown that, with regard to the form of the prejudicial act of the offence in question, the normative proceeding consists in the commission of an inaction, followed by the commission of an action. By committing the inaction of conducting unregistered (unre-registered) entrepreneurial activity to proper licensing authorities, the offender refrain from committing the action of conducting entrepreneurial activity without the proper registration (re-registration) to licensing authorities, although it can and should be done. It is argued that the offences set forth in art.241 PC RM (under the meaning of lett.a), c) or d) art.125 PC RM) cannot be in ideal competition with the offence referred to at art.242 PC RM. As a result, it is established that, in the presence of the normative proceedings provided by lett.a), c) or d) art.125 PC RM, the competition between art.241 and art.242 PC RM is not possible. It is shown that conducting entrepreneurial activity without the entrepreneurial patent involves the contravention liability under par.(4) art.263 of the Contravention Code, and not under par.(1) art.263 of the Contravention Code. It is also argued that it is appropriate to exclude from the final part of the provision of par.(1) art.263 of the Contravention Code, of the words „or with a registration certificate declared invalid”.

138-146

Authors: Stanislav COPEŢCHI

In the carried out study is try making delimitation between prolonged crimes to other forms of unique crime. Also, are set single lines between prolonged crime and real competition with identical crimes. In the case of identical criminal actions/inactions it was argued that in the presence of an unique intention from those actions/inactions, regardless of their number, the offense committed must be qualified under the rules of the prolonged crime, while in the presence of cumulation intentions to these, those committed must qualify under the rules of the cumulation of crimes. Compared with unique offense with alternative actions/inactions it showed that prolonged crime is characterized by the presence of several actions/inactions, but identical, while the crimes with alternative actions/inactions, on the one hand, they are not identical, and, on the other hand, are expressly provided as alternative actions/inactions.

156-169

Authors: Lilia GÎRLA, Jacob RUB

This article constitutes an independent scientific research in Criminology. Especially, authors have done their best to explain and to prove the correlation between risk-taking and risk averting behavior during the white-collar perpetrating. Authors have demonstrated that risk is not only a probability of losses but also forms a threat of unpredictable development of events. As a consequence, when a person avoids risking it is also a risk because there appears a great likelihood of undesirable expansion of events outside the risk. New theoretical concepts are formulated on the base of empirical findings obtained from the correlation of the personality traits (Extroversion, Agreeableness, Neuroticism, Openness and Consciousness) in male and female white-collar offenders predisposed to risky decisions in business administration because such decisions are based on intuition and there is detected a deficiency of reasonability. By means of empirical research based on psychological experiment and sociological interview of the white-collar offenders and the control groups there have been proved that inclination to risk being a quality of a person (a personality trait which is expressed in a permanent tendency to use new possibilities) in some cases can indicate to a propensity of a person to commit white-collar crimes.

178-184

Authors: Alexe JEFLEA

This article is dedicated to several findings de lege lata concerning the abusive proselytism and religious extremism in the extra-penal legislation of the Republic of Moldova. Namely the analysis of the defined problem has been originated from the clarification of the notion of religion; recognition of the scientific postulation that religion constitutes a pretext and not the cause of the war conflicts; the detailed analysis of the extra-penal legislation which regulates the relationships in the domain of religion. The author has proposed for a scientific use for the penal sphere as well as for criminological science two original definitions of the abusive proselytism and religious extremism.

193-206

Authors: Jacob RUB

The purpose of the present article is to elaborate a valid method of forecasting of the potential offender during the hiring process by means of pre-employment tests as an integral part of the process of prevention and counteracting of the phenomenon of white-collar criminality in the realm of Penal Politics of the Republic of Moldova and the State of Israel. Namely, the „personality coefficient” of the potential offender, which, in the author’s opinion, will define better the likelihood of success in perpetrating a white-collar crime. As a result, a new methodology and tactics for the earlier reducing of white-collar criminality at workplace a new and original scale of pre-employment test valid for hiring process which will be justifiable not only from economical and sociological standpoint, but also from criminological point of view in the process of white-collar criminality reducing.

219-230

Authors: Vitalie STATI, Ruslan POPOV

The subject of the present investigation is the constituent elements and the aggravating circumstances of the offences specified in art.3321 and art.3322 PC RM. As a result of the performed analysis, we have concluded that the special legal object of the offences referred to at art.3321 PC RM is of complex character. It is established that it’s not the quality of material object, but it’s actually the quality of goods acquired through actions set forth in art.3321 PC RM the one that have obtained the funds from external loans through fraudulent means. It is then underlined the structure and content of the objective side of the offences referred to at art.3321 PC RM. It is also revealed that the purpose of these offences possesses the following alternative forms: 1) the purpose of receiving the approvals or the necessary guarantees for the funding, funds obtained or guaranteed from external loans (in the presence of the normative proceeding with regard to the use or the issuance of false, inaccurate or incomplete documents, certified copies or any relevant data); 2) the purpose to obtain funds from external loans (in the presence of the normative proceeding with regard to the failure to provide the necessary data required by law). At this point, it is argued that the subject of the offences under art.3321 PC RM must have the special quality of final (secondary) beneficiary of the funds obtained from external loans. It is also concluded that the special legal object of the offences specified in art.3322 PC RM is of multiple character. At this level, there are analyzed the conditions that must be met by the material object of the offences set forth in art.3322 PC RM. It is then established the structure and content of the objective side of the offences referred to at art.3322 PC RM. It is emphasized that the purpose of these offences is the purpose of misappropriation (theft). Finally, but not least important, it is argued that the subject of the offences under art.3322 PC RM must have the special quality of manager of the funds obtained from external loans.

243-248

Authors: Daniela URSU

Because some authorities, like the policeman, are according to the law (Article 123 para.(1) and para.(2) of the Penal Code of Moldova), both public persons and persons holding responsible positions, in the context of maltreatment incri¬minated by the article 1661 of the Penal Code of Moldova, some subjects invested with the power to apply the criminal law treat the police officials as persons holding a responsible positions, the reason why the aggravating circumstance, depending on the offense, is either letter e) para.(2), either – letter e) para.(4) article 1661 of the Penal Code of Moldova. While others treat them as public persons, stating their crimes as torture, inhuman or degrading treatment. Starting from several judgments of national practice, this study aims to provide an answer to the following question: What is the best solution in qualifying the offenses of torture, inhuman or degrading treatment, committed by the authorities who hold dual capacity: as public persons and as persons with responsible positions?

262-276

Authors: Dimitrios K. STAMATIADIS

This article is dedicated to the one of the most important questions of the International Commercial Law. As a rule, it is widely accepted that the principle of party autonomy has been adopted, in respect of contractual obligations, by practically all national legislations in their provisions for private international law. At the same time, the Principles are silent regarding the option to choose trade usages as lex causae of the contract, and understandably so, since, from a systematic viewpoint, they cannot form a comprehensive set of rules capable of resolving basic issues of contractual obligations. Author believes that the Principles do not add any significant new features to the legal systems that have already developed and adopted the principle of party autonomy, with the exception of the possible application of non-national law before state courts. As a result, there have been formulated several useful conclusions which can be used in the science of the International Commercial Law.

03-11

Authors: Sergiu BRÎNZA

This article is dedicated to the legal-penal analysis of the offences against the military patrimony, referred to at art.379-381 PC RM. There are examined the constituent elements (the object, objective side, subjective side and the subject), as well as the circumstantial aggravating elements of the offences in question. Additionally, there are recom¬mended delimitation criteria with regard to the relation between the offences specified in art.379-381 PC RM and the related penal or non-penal acts. Among the novelty attributes brought to the table by this study, it is worth mentioning the reviewing of the identification procedure of the original forms and the aggravated forms of the offences specified in art.379 PC RM. As a result of this analysis, it is concluded that due to their specific character, the offences against the military patrimony don’t possess a victim. It is also established that the offences under art.379-381 PC RM are committed by means of action (and) or inaction. It is shown then that, most often, offences against the military patrimony have a material makeup. Only in the case of the offence specified in par.(1) art.381 PC RM, we can track signs of both material and formal offences. It is revealed that wartime is a compulsory secondary sign of the objective side with regard to the offences under lett. a) par.(3) art.379, lett. a) par.(2) art.380, lett.a) par.(2) and lett.a) par.(4) art.381 PC RM. Additionally, it is established that the environment of the offence (namely – the combat conditions) form the compulsory secondary sign of the objective side with regard to the offences under lett.b) par.(3) art.379, lett.b) par.(2) art.380, lett.b) par.(2) and lett.b) par.(4) art.381 PC RM. It is demonstrated that the offence specified in art.380 PC RM is committed under circumstances manifesting recklessness. In some cases, the offender manifests intention or recklessness with regard to the prejudicial act and only recklessness in relation to the prejudicial consequences (for example, in the case of the offences under par.(1) art.381 (if the equipment issued to the offender for personal use was lost or damaged, as a result of not following the maintenance regulations) and par.(3) art.381 PC RM). In other cases, the offences against the military patrimony are committed with intention. Finally but not least important, it is revealed that the subject of the offences against the military patrimony is the accountable natural person who at the time of the offence reached the age of 18 and has the special quality of military representative.

26-32

Authors: Dumitru BULIGA

In this study, it is elucidate inter alia, that life of human being acquires a new approach in medical sciences, therefore, regarding the temporal aspect, life of human being begins before birth and ceases with death. Thus, it becomes current and appropriate a new legal approach on the limits within which human life will be protected by criminal law. In con¬sequence, it reveals synthesized the most important aspects regarding life of human being, its existential and temporal limits, criminal defense of life of human being by current criminal regulations of Republic of Moldova, as well as, the criminal defense’s opportunity of unborn life of human being. In this article, we briefly expose the most relevant aspects related to the person’s life in the context of the object of crime. The object of this study contains: person’s life as a unique social value, primary or secondary protection by the criminal law, the right to life as an element of social relationships regarding person’s life and restrictions on the right to life. The scope is to identify new development horizons of the criminal sciences, related to the criminal defense of the life of human being.

39-46

Authors: Sergiu CRIJANOVSCHI

The main purpose of this scientific article consists in solving of some disputable aspects which are linked to the analysis of cyber crimes from the criminal law perspective. By means of this message there have been elucidated some questions which didn’t found the relevant solution before the research, as well as there have been formulated some proposals for reform in order to improve criminal legislation in force. In order to obtain this purpose the author has analyzed the domain of the Substantive Criminal law and cybernetics, as well as has performed the comparative research of the criminal law provisions from the Republic of Moldova and Romania, on the one side, and international acts in the cybernetics, on the other. There have been formulated several definitions suitable for cyber crimes. The author has clarified the nature of some cybernetic terms, they being adapted to the juridical reality.

58-66

Authors: Vladislav MANEA

The basic purpose of this scientific article consists in the detailed analysis of some scientific points of view; research of criminal legislation in force of the Republic of Moldova, as well as formulation of relevant solutions in the matter of criminal’s concealment. The reasearch is fulfilled by the comparative analysis of the Republic of Moldova and Romania in this domain. At the same time, there are put into the evidence the most disputable aspects of the criminal consealment such as: consealment in the case of plurality of subjects; concealment of an appropriate person who is not a family member of the offender and so on. In orderto obtain exhaustive answers the author has performed a multidimensional approach of the criminal conceal¬ment. First of all, he has demnstrated several legislativwe deficiencies of the moldavian Criminal law, there have been consultated the most important literature from Romania, there have been accepted several important conclusions from the judicial practice of Romania, there have been examined some criminal cases from the judicial practice of the Supreme court of Justice and Cassation of Romania, which conclusions are considered to be relevant to Moldova.

74-85

Authors: Ghenadie PAVLIUC

Within the study brought to your attention are mentioned the following important facts with regard to the prejudicial act of the offence specified in par.(1) art.349 PC RM: the threat referred to at par.(1) art.349 PC RM cannot be expressed through the process of energetic influence on the victim's body, which requires the contact between the victim's body, on the one hand, and all the animate and inanimate forces applied by the offender, on the other hand; with regard to par.(1) art.349 and art.155 PC RM there is a relationship of competition between one special and one general norm (within the meaning of art.116 PC RM), and not a competition between a part and a whole as you would think (within the meaning of art.118 PC RM); art.155 PC RM can be applied together with art.349 PC RM only in those situations where the threat of murder or of serious battery or health harm is intended not only for the victims mentioned at art.349 PC RM, but also for those persons who do not possess the special qualities of the victims in question; with regard to the offence under par.(1) art.349 PC RM, the juxtaposition of the actual perpetration of the offence and the victims’ work activity and civic duty is obligatory etc.

90-97

Authors: Vitalie STATI

The object of this study is formed by the modifications and additions operated to the Penal Code by Law No.60/2016. The content of the respective initiatives addresses the following elements: the legal person as the subject of the offence; special confiscation; money laundering; terrorist act; terrorism financing; abuse of power or abuse of office. Within the analysis phase, there are examined the draft project of the Law No.60/2016, the explanatory note to this project and other such preparatory documents. It is also made reference to the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, adopted at Warsaw on 16.05.2005 and to the explanatory report to the convention. The purpose of this study is to establish the positive and negative effects of the adoption of the modifications and additions operated to the Penal Code by Law no.60/2016. As a result of the performed investigation, it is concluded that not all the amendments induced by that law pertains to preventing and combating money laundering and terrorism financing. As well as not all these amendments can assure the harmonization of national penal legislation with the standards set by the European Court of Human Rights. Some of them are questionable in terms of their technical legislative quality and/or their contribution to increase the defense of the rule of law. The overall impression is that the main purpose of the adoption of the Law No.60/2016 was anything but the concern for the social interest.

102-108

Authors: Daniela URSU

This study is dedicated to identification of the rationalities of the Moldovan legislator to criminalise the title of nomen juris the facts of torture, inhuman or degrading treatment in Chapter III of the Special Part of the Criminal Code - "Crimes against freedom, honor and dignity". This concern is dictated particularly by differences that impose a particular side of location in the Chapter, between the current incriminatory model and the matters which operated until the intervention to the Law of the Republic of Moldova for amending and supplementing some legislative acts, nr. 252 of 08.11 .2012, thereby returning to the previous concept of categorization of torture namely that established in criminal law in the editorial office from 1961. Thanks to the comparative analysis of criminal regulations of the Republic of Moldova and other states concerning liability for torture, inhuman or degrading treatment on the one hand, and combining ECHR case law on the matter, on the other hand, it was illustrated the legal and social nature of these prejudicial facts, from which could detach explanations which were at the basis of legislative reshufflings interposed by the Moldovan Law for amending and supplementing some legislative acts, nr.252 of 11/08/2012.

117-123

Authors: Dumitriţa BOLOGAN

This article examines the latest approaches, developments and innovations in the application of the leniency policy. Therefore, the following aspects are analyzed and illustrated: the introduction of a one stop shop, criminal penalties, marker system, human rights considerations, and confidentiality of information, plea agreement and private actions for damages, compensation and collective claim. Although at the European Union level certain deficiencies were detected in the practice of the policy, leniency has proved its efficiency over the years of implementation.

128-133

Authors: Vlada CALMÎC

Worldwide development of distance sales are based on scientific and technical progress, maturation of the market economy, prosperity of consumerism, and last but not least changes in the methods and procedures of distance com¬mu¬nication and delivery of goods. However, the development of this institution in Moldova is not productive and consistent, scholars, practitioners, and until recently the legislature did not pay proper attention the distance sale contract, which is currently the most effective and progressive way of achieving goals of society and individual needs.

138-145

Authors: Petru VÎRLAN, Natalia CHIBAC

Today we see that auctioning is very common in more and more fields, especially in the business environment is very dynamic and requires a permanent development and trazacţii making the most efficient and more profitable conditions. This stock has a fairly long history of development and along during which this institution has evolved today increasingly having numerous ways and rules in this regard.

151-158

Authors: Ana GONŢA

In the Republic of Moldova, the media pluralism is a new research subject. At the European level, the topic is largely discussed during at least the last two decades. The last years have been especially relevant in terms of measuring the media pluralism. The phenomenon of the media pluralism has passed through several phases in its way to conceptualization, approach, definition, and, more recently, measurement. However, the subject is not consumed, and there is no compromise regarding the notion of media pluralism.

169-175

Authors: Liliana RUSU

The article is based on the analysis of several scientific papers signed by Patrick Champagne, Pippa Noris, Camelia Beciu, Paul Dobrescu, Rémy Rieffel, etc. The approach of the concept of public opinion allows the author to formulate the definition of online public opinion and described the three basic stages of its formation and expression: information to citizens via certain forms of new media, realization of public deliberations in digital public space and the process of online public consultation. Also, was mentioned the role of opinion leaders in the process of disseminating information to the public in the online environment and the importance of new technologies for the establishment of direct and transparent dialogue between political leaders and citizens.

181-188

Authors: Cristina MORARI

European integration process is a complex process and is realized through its external and internal dimensions. External dimension implies EU factor and EU conditionality. Internal dimension consists of europeanization, democra¬ti¬zation and modernization. In this article the author analyze the realization of external and internal dimensions in the European integration process of the Republic of Moldova.