Studia Universitatis Moldaviae. Stiinte Sociale

03-08

Authors: Maria GUGULAN

As a result of the evolution of technical and scientific progress, media convergence is seen as an innovative process, a different approach to the selection, production and dissemination of news. This refers to teamwork of journalists, in converged newsrooms, to the sharing of collected information and distribution of content on different platforms. In addition to the need to know the new technologies and to learn the specifics of other media platforms, convergence also involves the compatibility of different media cultures: journalists in the print media learn to work alongside those in the audio-visual and online environments that, until recently, were in competition. Although there is no universal rule to be met by newsrooms who go to multimedia or convergent work, media professionals suggest however respecting certain rules that have succeeded in other newsrooms.

14-20

Authors: Темель КАРААСЛАН

In article analyzes main trends in the development of Russia's media education movement, also given characteristic of the known educational concepts leading Russian media educators. The main attention is paid to the problem of media education and media enlightenment in Russian society.

30-46

Authors: Aurel BĂIEŞU, Gheorghe RENIŢĂ

This research is dedicated to the analysis of the ban on issuing civil status documents, identity documents or driving licenses to the debtors in the light of certain constitutional provisions. In this context, the wide legal framework, the judgments of the Constitutional Court, doctrinal approaches and judicial practice in the field are used. In particular, it appears that the ban on issuing a passport and travel document (the documents permitting to leave a country) applied to the debtor in the forced execution procedure of an enforceable document constitutes an interference in the freedom of movement enshrined in art.27 of the Constitution. On the other hand, the prohibition of issuance of the identity card and residence permit as a category of special identity documents, as well as civil status documents and the driving license, implies intrusions in private and family life, enshrined in art.28 of the Constitution. However, both, freedom of movement right and private and family life are not part of the category of absolute rights, which limitation is prohibited. This is why the proportionality test was used as a logical method designed to help to establish a fair balance between the restrictions imposed by the contested provision and the degree of severity of the measure applied by examining whether the freedom of movement right and private and family life suffered a limitation that does not fall under the conditions imposed by the Constitution. It has been shown that the interference in this case pursues a legitimate aim, namely: the protection of the rights of others, in the present case, of the creditor to obtain debtor's execution of his obligation under an enforceable document. Finally, after balancing the competing rights, it concludes that the ban on issuing civil status documents, identity documents and driving licenses represents itself a disproportionate measure in relation with pursued goal, thus infringing art.27 and 28 conjuncted with art.23 and 24 of the Constitution.

57-69

Authors: Sergiu BRÎNZA, Igor SERBINOV

This article analyses the prejudicial act, viewed as an element of the objective side of the offenses provided by art.329 PC RM. In this regard, there are pointed out the characteristics of the two normative modalities of the prejudicial act in question. It is established that in art.329 PC RM, by „inappropriate performance” it is meant a „performance accomplished by breaking the law”. Within this context, the term of „law” here also has the meaning of a secondary regulation issued by the Government, by another central or local public administration authority etc., which provides a law in its own right. It is sown that in the case of the secondary regulations (such as job descriptions), which establishes the content of the offender's work obligations, the form or the extent of the fulfillment of these obligations, the time and the conditions of their performance etc., if these regulations have an autonomous character (i.e. are not adopted/issued within the limits and according to the norms of a law), accordingly there is no basis for the application of art.329 PC RM. It is argued that, if the offender's responsibilities do not include obligations whose failure to fulfill them or their inap¬propriate fulfillment is incriminated to the offender, therefore, in these cases art.329 PC RM cannot be applied. It is concluded that art.329 PC RM also cannot be applied if the offender's failure to fulfill or the inappropriate fulfillment of his/her/their work obligations have backgrounds that: 1) do not meet the requirements set for a normative act or 2) they meet these requirements, but have not been brought to the offender’s attention by publication or some other way established by law.

73-81

Authors: Iulia BĂNĂRESCU

In analyzing this topic, we intend to elaborate a study of the most important moments of the notarial succession procedure. Taking into account that this problem has not been found in the literature and in the national legislation and is not scattered, I have found that the problems faced by the notaries in their daily activities, which come to ensure the realization of the rights and the freedoms of individuals and legal entities, all of these actions being made in order to guarantee the safety and balance of the civil circuit. We have tried, in the present study, not to distance ourselves from the practical aspects with which the notary meets daily in the succession proceedings. The role of the notary is primarily to be close to the citizen. We consider that if each notary fulfills the powers that the legislator gave us through the Law of Notary, the Civil Code, the Constitution, and other laws, it is useful to society, state and citizens and will be able to carry out thankful its activity, of course, commensurate with the general course of the political, social and economic life of the Republic of Moldova.

97-105

Authors: Violeta COJOCARU, Sergiu DODON

Compensation for insurance is largely the restoration of the injured person in the patrimonial situation prior to the damage and reintegration of the partimony lost as a result of traffic accidents or the occurrence of insurance cases of the person who suffered so that its assets reach the value that would be if the deed the illicit would not have been over. If the conditions for the existence of the damage are common, the measures and procedures that may be taken to ascertain the status and payment of the insurance indemnity may be taken. The basis for calculating the damage, whether it was calculated amicably or calculated by the courts, is to observe some principles. The principles of insurance indemnity have an important role in setting insurance compensation as a fundamental institution of civil law.

116-122

Authors: Stanislav COPEȚCHI

In this study there is analyzed the fact if the electronic correspondence may appear as an immaterial object of the offense provided in art.178 PC RM. It is demonstrated that under the current conditions art.178 PC RM is inapplicable in case of violation of the right to the secret of electronic correspondence. It is argued that of all states former members of the Soviet Union, only the Republic of Moldova has decided not to protect, by legal-criminal way, the secret of electronic correspondence. Finally, is highlighted the latest Moldovan legislator's initiative to assign electronic communications to the category of the immaterial object of the offense provided by art.178 PC RM.

134-145

Authors: Лилия ГЫРЛА

In the realm of this scientific research there is performed a profound analysis of criminological points of view as well as of penal provisions concerning some aspects of religious extremism from the perspective of its impact upon the content of the penal prohibitions which are contained in the Special part of The Criminal code of the Republic of Moldova. In order to obtain the best scientific results, there have been examined such phenomena as religious fanatic views, religious fundamentalist views, as well as there have been researched the generic notion of extremism. This article can be defined as an analysis of the modern penal and criminological doctrine, as well as some results of the sociological science which gives the opportunity to consider that this is an interdisciplinary research. The author has researched some definitions and classifications which are met in the modern science being proposed a generic definition of the criminal offences which have a religious extremist character. There is demonstrated that as a basic sign of the delimitation between extremist offences and other types must be recognized the criminal reason of the misdeed. As a result, there have been formulated several conclusions which can be applied in the science of the Substantive Criminal Law, Criminology, as well as can be taken into account during the improvement of the penal legislation.

153-160

Authors: Lilia GULCA

The elements of the tax system are the advantage on which the entire tax system depends. The direct link between them reflects on the whole of society, putting its mark on the economic development of the country and the factors that lead to the formation of a favorable fiscal impact throughout the country. Knowing and applying them in close connection has as a main effect the fiscal stability and as a secondary effect the establishment of real taxes and taxes, which would generate the tax revenues by means of conscience rather than sanction.

177-187

Authors: Alexe JEFLEA

In the realm of this scientific article there is studied the religious phenomenon in the modern criminology of Romania. In order to obtain the newest and complete criminological results the author has effectuated a multidisciplinary research of the religious phenomena being afforded necessary attention to some terms from theology and psychiatry. During the research there have been analyzed a great number of scientific sources of the Romanian authors from the last decade in the matter of the religious criminality. The obtained scientific results can be applied in the future in the criminological science of the Republic of Moldova.

205-209

Authors: Aurel Octavian PASAT

The purpose of this study is to solve some aspects regarding the subject of customs crimes, by analyzing some doctrinal opinions and the legislation in force in the Republic of Moldova and in Romania, as well as in formulating relevant conclusions in the field of customs offenses. Although the legislator does not expressly stipulate in the content of the norm in Art.249 PC RM the special quality of the subject of the offense, or by art.270-274 CV Rom, this results from the interpretation (implicitly) of the text of the norm of incrimination. In particular, the special quality of the offense derives from the content of the legal obligation of the person to pay the customs duties when passing goods across the customs border of the Republic of Moldova. As far as smuggling offenses are concerned, it is demonstrated that the subject of the offense is non-circumstantial (except for smuggling provided in letter c) paragraph (5) art. 248 PC RM).

223-245

Authors: Gheorghe RENIȚĂ

In the present scientific paper, we start from the premise that the cyberspace represents a favourable environment for committing some offences, including the manipulation of an event and the arranged bets provided by articles 2421 and 2422 of the Criminal Code of the Republic of Moldova. Thus, it is highlighted that the perpetrator may, for various reasons, choose to send messages (or make calls) from a device connected to the Internet to encourage, influence or train a participant in a sporting event (which, at the same time, can also be a betting event) to take action that would have a vicious effect on the event in question in order to obtain goods, services, privileges or advantages in any form whatsoever, which is not for himself or for another person. Also, the person who knows with certainty that there is an agreement about cheating on a betting event may be informed by other information systems or electronic communications networks about other people in order to make them participate in this bet. Thanks to anonymity, the way the information is propagated etc., such a way can be especially used. On the other hand, it is shown that criminal liability for the offence of arranged bets can not be committed when the act is limited to merely redistributing in a cyberspace a post containing the information mentioned above and without wanting to determine other people to participate in the bet. It is insisted on distinguishing the act of presentation and dissemination in the virtual space of the advertisement regarding the bets and the money gains obtained as a result of the participation of the arranged betting offence. In addition, the features of online betting are highlighted. In particular, the equipment and software used to organize gambling through electronic communications networks must be mandatory on the territory of the Republic of Moldova. Likewise, the control system (server) of the gambling organizer must be located on the territory of the Republic of Moldova. Last but not least, there are analyzed the controversies concerning the determination of the time of consumption and the place where the offences in question were committed.

251-262

Authors: Igor SERBINOV

This article is dedicated to the thorough analysis of the prejudicial consequences and the causal link, viewed as elements of the objective side of the offences provided by art.329 PC RM. It is argued that the application of art.329 PC RM does not exclude the application of the disciplinary sanction for the same offence, with the condition that the disciplinary sanction must not have a „penal character”. It is established that, if the offences, referred to at art.482, par.(1) art.189, art.2202, par.(2) art.227, par.(1) art.275 or other such norms from the Contravention Code, causes the prejudicial consequences specified in art.329 PC RM, therefore this article will be the one to be applied and not the contravention norm. It is also pointed out that not the lost income, but the actual prejudice (including not receiving the rightfully owned goods) forms the content of the material prejudice caused by the offences stipulated in art.329 PC RM. In the case under lett.a) par.(2) art.329 PC RM the plurality of victims is possible. It is shown that: taking into account the provision of par.(2) art.3 PC RM, the failure to apply the provision under lett.b) par.(2) art.329 PC RM is preferable to the actual application of this provision.

276-280

Authors: Vitalii FURTUNA

This article refers to some aspects related to the concept of crime which are not reflected in the national doctrine. The author is analyzing theoretical and legal definitions of crime and underlines the particularities of techniques (formal and substantial) of defining the notion of crime. Also, the author is making reference to the legislative practice of other states and argues the irrelevance of some crime particularities provided by art. 14 (1) CC. As a result, the author considers that the legal definition of crime is redundant and should be reconsidered.

3-14

Authors: Maria BULGARU, Oleg BULGARU

In this article some of the measures of the family policies with the consequences on the decision of couples to give birth to children, related, in particular, to the parental care benefits during the first years of child's life (maternity/paternity/ parental leave), childcare services (nurseries, day care, kindergartens, etc.), combining family and professional obligations, etc. are analyzed. In the text, the results of the sociological research "The Reproductive Behavior of Women in Moldova", conducted in December 2015 by the Faculty of Sociology and Social Work, State University of Moldova, in partnership with the Charles University in Prague, Czech Republic, with the financial support of the Czech Development Agency are integrated. This study allows the authors to conclude that family policies in the Republic of Moldova are focused primarily on the economic/financial support considered being also a source for stimulating the birth rate. A number of important topics, conditioned by contemporary socio-economic and demographic challenges, occupy currently a peripheral place on the political agenda of our country.

21-29

Authors: Nelly ȚURCAN

The article gives a short overview of the history of the use of Universal Decimal Classification (UDC) as worldwide documentary language. There are presented examples of applying UDC for national bibliographies and catalogs, indexing of scientific articles, development of scientific databases, Internet service systems etc. Also, there is an overview of the use of the UDC in the Republic of Moldova. The article reveals the reasons the scientific journals of the Republic of Moldova have to apply the UDC index. This practice will ensure efficient access to content, relevant search of the scientific articles in National Bibliometric Tool, will increase international visibility of the scientific publication from the Republic of Moldova.

36-43

Authors: Темель КАРААСЛАН

We are all active users of different kinds of information, which the flow is constantly increasing. The abundance of television channels, sites on the Internet, a huge amount of video – and audio products, bright headlines of numerous periodicals. All this information becomes an integral part of our existence. Turkey integrates dynamically into the global information space. Citizens now have unlimited access to databases and information accumulated by the world community. In this context; article is an attempt to implement the "media education" concept of analysis. The main attention is paid to the problem of the functioning of media education and media education in the modern society of Turkey.

50-56

Authors: Sergiu BRÎNZA

The purpose of the investigation is to analyze the juridical-penal considerations of the amendments made by Law No.208/2016. As a result of the analysis there was established that the modification made to par.(6) art.16 of the Contravention Code detached terminology-wise the Contravention Code from the Penal Code. For the same reasons, the modification to par.(4) art.17 of the Contravention Code is as inappropriate as in the first case. At the same time, there was established that the modification made to art.18 of the Contravention Code was an appropriate one. The modification explanatory-wise made to art.541 of the Contravention Code is an appropriate one as well. Similarly, the modifications made to par.(1) and par.(2) art.96, art.97, par.(1) and par.(2) art.971, art.972, art.99-103, art.149, par.(2) art.155 and art.243 of the Contravention Code are all justified and welcomed. However, these contravention norms are not the only ones that are in a complementary relationship with certain penal provisions. Therefore, the legislature should show more consistent and standardized approach towards all similar contravention and penal hypotheses connected complementarily. The completion of the provision of par.(10) art.157 of the Contravention Code with the phrase", if the act does not constitute an offence" is also an appropriate one. It will allow more precise delimitation between the contravention act provided by this provision and other certain offences. The completion of the Contravention Code with art.1991-19912, 2201-2205 is justified and welcomed. These norms expanded the list of contravention norms that are complementary to the provisions of art.263 PC RM. The exclusion from the provision of art.354 of the Contravention Code of the phrase "violates the moral norms," is considered appropriate as well.

64-81

Authors: Victor VOLCINSCHI

Dedicated to the analysis of the issues of defining the concept of public order in the international law, the correlation between the concepts of public order of national law and private international law and of the social functions performed by each of them. By analyzing the legal regulations, the practice and the doctrine in the field, are being analyzed the conditions of invocation of public order exception in private international law, and demonstrated separately the specifics of invocation of the public order exception in the procedure of refusal of foreign judgments and in the procedure of refusal of foreign arbitral awards.

88-97

Authors: Stanislav COPEŢCHI, Liubovi BRÎNZA

In the carried out study there are highlighted some explanations reflected in Decision of the Plenum of the Supreme Court of Justice of the Republic of Moldova no 4 of 21.12.2015 amending and supplementing the Decision of the Plenum of the Supreme Court of Justice no 39 of 22.11.2004 “On judicial practice in criminal cases involving minors”. For quali¬fication according to the norm of the article 208 PC RM there is not necessary that the minor to have started preparation to commit the offense to which was instigated. As a victim of an offense specified in art.208 PC RM can occur both a minor who has attained the age of criminal liability needed to be subject to crime whose commission was instigated and a minor who has not reached such an age. It argues that to operate aggravating specified in para. (2) art.208 PC RM is obligatory presence of a special relationship between offender and victim.

113-122

Authors: Ilie CRECIUN

Regulation and limitation of anticompetitive agreements are not known only to contemporary states. Regulations and prohibitions of anticompetitive agreements are known since 18 a.Ch. Regulations have evolved over time and they had have different approaches: from non-prohibiting anticompetitive agreements – during of guilds, to the absolute prohibition of them – Sherman Antitrust Act, 1890, USA.

129-137

Authors: Igor DOLEA

This article approaches the issue of the retroactivity of Constitutional Court rulings in penal law. The actuality is deter¬mined by the non uniform solutions in doctrine and jurisprudence of the Constitutional Courts of European countries. There¬fore, the subject matter of the article is to identify a proper method for Republic of Moldova, being applied the compara¬tive method. It is analyzed the effects of the Constitutional Court rulings with regard to penal law as well as the retroactivity of the material in the procedural law. A separate issue raised is related to the principle of legal certainty, in case of the application of the retroactive effect of the Constitutional Court ruling and the revision as a procedural mechanism that repairs the damaged constitutional law. In this article, are suggested several solutions for national law system.

148-152

Authors: Igor HLOPEȚCHI

The execution of court decisions is an obligation of the Republic of Moldova, assumed by Parliament Decision no.1298-XIII of 24.07.1997 about ratification the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols. The Convention protecting the right to a fair trial, guaranteed by art. 6. The concept of fair trial, signify all judicial proceedings related to enforcement execution, but the Republic of Moldova as guarantor of the rule of law, intervenes by means of criminal-law response in these social relations, and this representing the quintessence of state criminal policy and of this study.

161-163

Authors: Bianca MOLDOVEANU

The theory of separation of the three powers in the state has been for over two centuries. In different countries it has evolved in a different way. The author mentions the fact that even in the framework of the same state the separation of powers can evolve with preponderance either towards the legislative or the executive power. Thus, we cannot speak of a strict or rigid separation of powers. The author adduces numerous examples of deformation of this principle, mentioning the fact that at present in they consider the role of the executive power to be primordial to the legislative one.

180-191

Authors: Gheorghe RENIȚĂ

This scientific paper aims to give answers to its own introductory question: are the manipulation of an event and the arranged bets (article 2421 and 2422 of the Criminal Code of the Republic of Moldova (CC RM)) corruption offenses? In other words, is it justified to be included the above mentioned offenses to the group of corruption offenses? The starting point for the development of this investigation was the Draft Law no.268/2016 which, inter alia, aims to incorporate art.2421 and 2422 of the CC RM among the corruption offenses. In this regard, it is noted that the deed expressed in encouraging, influencing or training a participant at a sporting event or at a betting event to take actions that could produce a flawed legal effect upon that event, with the aim of achieving goods, services, privileges or advantages in any form, that he should not have had obtained for him or for any other person (art.2421 of the CC RM), as well as the act of betting on a sporting event or any other event that involves betting, or to inform others about the existence of an agreement on tricking that event with the intention of getting them to participate in that bet, made by a person which does not certainty know about the existence of an agreement about tricking that event (art.2422 of the PC RM), cannot be qualified in the content of norms that establish criminal liability for passive corruption (art.324 of the CC RM), active corruption (art.335 of the CC RM), influence peddling (art.326 of the CC RM), bribery (art.333 and 334 of the CC RM). This is due to the fact that the above-mentioned norms have different scopes. In order to ascribe a criminal offense to the category of corruption crimes, it is necessary for such an offense to have the defining characteristics of corruption, namely: to affect the normal exertion of the function; to imply usage by the subject of acts of corruption or acts of corrupt behaviour of his official position; to be manifested through requesting, receiving or accepting, directly or indirectly, for himself or for another person, undue material benefits or advantages; to be able to express itself through illegal promising, offering or giving of such undue benefits or advantages to the subjects of acts of corruption. Therefore, the criminal offenses set forth by art. 2421 and 2422 of the CC RM do not have the defining characteristics of corruption, as their individual traits set them apart from corruption crimes. Also, it is shown that the same conclusion results from the text of the Council of Europe Convention on the Manipulation of Sports Competitions of September the 18th, 2014, as well as from the statutes of certain sports organisations that regulate disciplinary liability for violating sports ethics. Finally, it is emphasized that the concept of ascribing crimes concerning manipulation of an event and arranged bets is not substantiated and shall be relinquished.

202-210

Authors: Vitalie STATI, Denis BĂBĂLĂU

In this study there are analyzed both the factual basis and the legal basis of the penal liability for the offences crimi¬nalized in art.241 PC RM. There are also established the features of the legal object and the immaterial object of the offenses referred to at art.241 PC RM. It is argued that the concept of "entrepreneurial activity", applied in art.241 PC RM, has the same meaning as the concept of "entrepreneurial activity", applied in art.1 of the Law on entrepreneurship and enterprises. It is established the form and the contents of the prejudicial act specified in art.241 PC RM, according to the provisions of lett.a)-d) art.125 PC RM. It is argued that the qualification of the offence of illegal performance of entrepreneurial activity without a license under art.241 PC RM (in conjunction with lett.b) art.125 PC RM), would mean nothing but the application by analogy of the penal law, which is prohibited by par.(2) art.3 PC RM. There are pointed out the features of the consummation phase of the offences referred to at art.241 PC RM. It is substantiated that the purpose of the offences set forth in art.241 PC RM is the purpose of ensuring a permanent source of income. There are established the cases within which the subject of the offences under art.241 PC RM has a special quality. Last but not least, there are clarified the delimitation criteria between the offences specified in art.241 PC RM and the offences under art.190, art.2411, art.244, art.2441 and other articles of the Penal Code.

222-230

Authors: Vasile SOLTAN

This paper analyzes procedural guarantees regarding pre-trial detention which is intended to be an exceptional measure of last resort, when all other measures are insufficient. Thus, there a several guarantees established by art. 5 of the European Convention of Human Rights (ECHR) for the accused people when they face pre-trial detention. The central requirement is a reasonable suspicion that the person has committed a crime and defendants pose a substantial risk of flight, a threat to the safety of the community, victims or witnesses, or a risk of hindering investigations. Also, every one arrested or detained shall be brought promptly before a judge and shall be entitled to trial within a reasonable time or to release pending trial. Unfortunately, the European court has found that judges sometimes relied on unlawful grounds, such as exclusive or primary reliance on the nature of the offences or reasoning was often formulaic and did not engage with the specific evidence in each case.

241-246

Authors: Artur TARLAPAN

By regulating the possibility of exercising the subjective mortgage right under the mortgage contract invested with executory formula, our legislature intended to simplify the procedure of tracking the mortgaged asset and satisfy the secured obligation, in the interests of security and stability of credit relations. At the same time, the legislature did not take in account the need to protect the interests of the debtor.

259-263

Authors: Carolina BUDURINA-GOREACII

During the totalitarian communist regime in the USSR the State violated the sovereignty of the people and the time that followed the collapse of the communist regime was marked by significant changes in the status of the individual and the Moldovan society in general. At the same time, it was necessary to create informal, autonomous and independent structures in order to defend the rights of citizens and to provide more freedom of decision-making in local public affairs. In this context, building civil society was only possible through the efforts of all non-state actors, and the increasing of citizens’ capacities in community. The issue of civil society began to be actively discussed in our country, especially with the recognition of the Republic of Moldova as a subject of international law. Premises of establishing the civil society were closely related to socio-political situation, economic development, creating the legal framework and citizen perception on the country's democratization. All these issues will be examined in this article.

275-281

Authors: Aureliu SINDILA

Chinese New Diplomacy has emerged as a vector in the Asian region first, where it has achieved a considerable visibility. This paper aims to describe the model of the Chinese New Diplomacy, while analyzing its elements and profiles. Taking into account the remarkable influence and the newly centered desires, a fresh era in the Chinese foreign policy has stepped out. This work assembles some views from inside of China, making it more valuable for foreigners, who, in my opinion might be very easily biased by different state and non-state actors from abroad.