Studia Universitatis Moldaviae. Stiinte Sociale

14-21

Authors: Elena ARAMĂ, Oxana CHISARI-LUNGU

Sfatul Țării (the Country Council) of the Basarabian Parliament from 1917-1918, examined on the 9-th of March 1918 the draft law on justice reorganization. In this article, on the basis of the original draft from the National Archives of the Republic of Moldova, the proposals for improvement of the Basarabian justice that prove the urgent need to reorganize the justice on democratic bases are analyzed.

30-34

Authors: Nicolae OSMOCHESCU, Augustina ȘIMAN

The present scientific research aims to create a complex reflection study on the issue of rights and obligations generated by treaties for non-member states as well as on the importance of expressing consent by third states or by third party intergovernmental organizations. Thus, the text of both the Vienna Convention on the Law of Treaties of 1969 and the Vienna Convention on the Law of Treaties between States and International Organizations or International Organizations of 1986 (not yet in force) had been analyzed, highlighted relevant types of international treaties and examined the practice of the International Court of Justice. At the same time, this paper counterarguments some theoretical opinions regarding the relevance of the case of the Free Zone of Upper Savoy and the District of Gex (Permanent Court of International Justice, 1932) in the case of pacta in favorem tertii.

45-50

Authors: Valeriu BABĂRĂ

This study relates to the conflict regime of labor contracts analyzed from the point of view of Rome I Regulation. Thus the solutions regarding applicable law of formal and substantive conditions, of these categories of contracts are analyzed and also the aspects that exceed the field of application of Rome I Regulation.

65-73

Authors: Drăgălin PĂDURE, Vladislav MANEA

In the realm of this article there have been synthesized the most recent conclusions of the legal drafting methodology rules in the matter of legal norms revision and adaption. The author has selected the most progressive opinions of the Criminal law and has emphasized the most advanced views comprehended by the author as the basic principles in the application of the Criminal law in time. A condition for a correct comprehension and application of the Criminal law is considered to be clearness and accessibility of its norms. The mandatory force of the Criminal law persists only during the period when it is active, from the moment of entering into force up to its loss of validity which coincide to the obligation of submission to Criminal law.

80-91

Authors: Artiom ENI

In the framework of the present article the jurisprudence of the European Court of Human Rights in relation to the Republic of Moldova in the matter of art. 6 of the Convention, is being analyzed. The object of examination are the techniques used in the undercover operations in criminal investigations, conviction of a person on the grounds of evidences obtained from “provocation” and the compatibility of such practices with the guarantees offered by the right to a fair trial. The generalization of the reasoning stated by the European Court of Human Rights in the analyzed decision will allow one to delimit the legal forms of investigation used in the undercover operations in criminal investigations from the “organized provocations” of the police in the pre-trial criminal researches. Another important aspect concerns the incompatibility of the rights to a fair trial with the procedure of administration and the admissibility in the criminal procedure of the evidences collected through “provocation” and the conviction of a person mostly on the grounds of this evidences. Consequent to those, the highlighting of the procedural guarantees of the convicted person as to the research and probation in the pre-trial and trial phase of the criminal procedure of the elements linked to the provocation to the commitment of a crime in the undercover operations in criminal investigations is being suggested.

97-109

Authors: Cristina CHIHAI

By means of this scientific article, we aim to deepen and solve the dilemmas concerning the involvement of different forms of legal liability for the act of violating the public procurement legislation, implicitly in defining and recommending concrete measures to improve the regulatory framework in the field and the veritable and unitary application by the law enforcement bodies of the given legislation. As a result, globally, we find that the existence of an appropriate regulatory framework ensures the achievement of a stable and fair financial, fiscal and economic policy. A fortiori, in order to ensure the organization and the unfolding of public procurement under conditions of legality and fairness, it is necessary to adopt strictly the criminal norm that will assume responsibility for the given deed, the proper functioning of the system and the fight against crime in this area, proportionally, depend on the effective adoption and enforcement of organizational and punitive norms, especially legal-criminal norms. Per a contrario, regrettably, we find that this mechanism is currently lacking, and in the Criminal Code of the Republic of Moldova there is no criminal norm that would directly criminalize the act of violating the legislation on the public procurement procedure.

121-126

Authors: Elena SEDLEȚCHI

The aim of this research is to analyze the theoretical and practical aspects of the interference between the protection of competition and the protection of intellectual property in order to identify the problems that arise protecting the intel¬lectual property rights through unfair competition. The institutes of intellectual property rights and unfair competition rights are closely linked, this being marked by the legal framework of monopoly protection conferred by these rights, in particular on trade marks, designations of origin, geographical indications, invention, model or industrial design. Protection against unfair competition can be a legal or complementary tool for protection of intellectual property objects established by special laws wich are developing differently in different countries. Internationally, there is no specific (exhaustive) list of unfair competition acts, therefore, from state to state, the acts could be different. In order to achieve the aim of research, the author of this paper made a scientific analysis of the situation in the field of the interference between the protection of intellectual property and the protection of completion, thus determining the place and the role of protecting unfair competition in maintainind free competition and in the global innovation system.

134-141

Authors: Vlada CALMÎC

The development of distance sales is due to technical and scientific progress, the maturing of the market economy, the prosperity of consumerism and, last but not least, the evolution of methods and procedures of distance communi-cation and the delivery of goods. The objects of this study are different forms of distance selling. Researchers in the field are demonstrating the following forms of distance selling: selling via catalogs and printed publications with order receipt, selling goods on TV, selling by phone, and last but not least Internet sales.

149-154

Authors: Andrei IOVU

The article is a study on the delimitation of the legal doctrine with reference to the term of integration of ethnic minorities. The research highlighted the dichotomy of approaches of the notions of “national minority” and “ethnic minority”, and revealed that the United Nations documents mainly use the term “ethnic minority”. Also, the formula-tions regarding the definition of “integration” have been analyzed. Here, it was found that the international documents do not contain exact provisions regarding the integration process, but they admit that these steps should be taken by states through national legislation. A prerequisite for these provisions represent the protection of ethnic minority rights.

160-170

Authors: Ion CARAMAN

This article comes to clarify the effect of the principle of res judicata, to highlight the weaknesses of the material and procedural law in capitalizing the principle of res judicata. Among these, were highlighted the deficiencies of the material legislation, that condition the acquisition of civil subjective rights by to the existence of an irrevocable court order, those caused by procedural legislation gaps and omissions in the activity of the appeal courts.

176-180

Authors: Ana VIZIRU-STEGARESCU

The complexity of the modern world has generated the fact that in the present each country is confronted with both issues of national and international level, the number of which increases or decreases depending on the attitude of the state towards these problems. The social issue is a social process, a feature, a situation which the society or a sub¬system of it believes that it should be changed. The Social issue exists if it meets two elements: a real object which is the source of the difficulties: it can have a negative or positive aspect; and the second element is the awareness of the difficulty: the aspect is put as a problem and it is accepted by the members of the system that must be changed. An issue can be qualified as social if it is largely regarded as being undesirable or as a source of difficulties: it is caused by the action or inaction of the people or society; affects or it is assumed that will affect a large number of people. At the same time this can be put in dependence and public perception , the distinction between social problems and individual problems. A problem can be considered social when it is perceived, acknowledged and understood by the public, and this can only be achieved with the help of the media. One of the most effective ways of bringing, of the issue in the public eye, to make the recognized and assumed by the entire society, are the social campaigns initiated by the institutions of the media.

190-196

Authors: Carolina BUDURINA-GOREACII, Selena STEJARU

The relationship between the civil society institutions and local community development is firstly examined today from the perspective of involving the associative sector representatives in local development actions. This relationship is based on certain norms and values that derive not only from the objectives of (in) formal civil society organizations, but also from the culture, traditions that characterize a community and cannot be omitted but, on the contrary, developed for the benefit of the society. Moreover, in analysing the correlation between the institutions of civil society and the development of the local community, we intended to identify the civil society institutions that form the civic community (R. Putnam's theory); to examine the attributions of citizens who are members of some associative sector structures and those who are independent when they interact in society; to highlight how open and cooperative are the civil society institutions in the process of local community development and to argue what role (positive, negative or neutral) the civil society institutions have in solving social, economic and/or cultural problems within the community.

21-30

Authors: Sergiu BRÎNZA

This study aims to analyze the various application of the provision set forth at lett.c) par.(2) art.171 PC RM and the errors admitted by practitioners that occur within the application of this provision. As a result of the conducted analysis, there are proposed solutions to these issues. It is established that rape is a complex offence. Therefore, in the case of rape, it is established that sequential co-authorship is possible. It is demonstrated that, in the context of the same offence, the same person cannot cumulate the qualities of accomplice and (co-) author both together. Not being specified in the provision of art.171 PC RM, the act of generating the victim's inability to defend him/herself or to indicate his/her will cannot form a part of the objective side of the offence of rape. An accomplice to the offence set forth at art.171 PC RM is to be considered that person, who contributed initially to the performance of sexual intercourse by someone else, generating the victim's inability to defend him/herself or to indicate his/her will. If there was a prior agreement between the perpetrators and the sexual intercourse is performed in turns, it is established that lett.c) par.(2) art.171 PC RM is applicable, regardless of whether at the place sexual intercourse happened, at the time the offence was committed, there was present only one of the perpetrators or all of whom participated in the prior agreement. In order for this qualification solution to be valid, the physical or psychological coercion must be performed – prior to the sexual intercourse or in parallel with the sexual intercourse – by one of the perpetrators or by all the perpetrators. Moreover, each of those who performed the sexual intercourse must realize that it was only possible because of the applied coercion. It is concluded that the abstention from the qualification under lett.c) par.(2) art.171 PC RM and art.208 PC RM does not contradict the impossibility of double sanctioning for the same act. This is because a rape committed by two or more people (among them the coerced minor) is a different act than that of influencing the victim to commit rape.

35-46

Authors: Victor VOLCINSCHI, Cornelia GORINCIOI

Competition is one of the most important elements that forms the basis of the functioning of a modern economy and ensures development of market relations. In this process, the competition phenomen and industrial property interact with the result ensuring equality of all subjects and unhindered exploitation of their intellectual creations. The material is devoted to issues concerning the qualification of actions of unfair competition, evidenced by the illegal use of industrial property objects which creates or is likely to cause confusion among consumers.

57-60

Authors: Maria STRULEA

The money laundering, being an offence, the purpose of which, as a sign of subjective side, is expressly provided by the legislator, is committed with direct intent. At the same time, being a delictum subsequens, the money laundering has as material object the product of a primary predicate offence, against which the normative modalities of the act provided by art.243 para.(1) of the Criminal Code are applied. The question arises as to what should be the intellectual culpability element of the subject (author) of money laundering if he/she did not participate in the commission of the predicate offence. Or, contrary to other criminal laws, the criminal law of the Republic of Moldova does not distinguish whether or not the author of money laundering is subject of the commission of the predicate offence.

70-80

Authors: Лилия ГЫРЛА, Алексе ЖЕФЛЯ

The purpose of this scientific research is considered to be a comprehensive criminological study about the questions of causality and prevention of religious deviation. The authors are examining questions of motivation, conditions and causes regarding joining up to the religious organizations of the extremist character. There is demonstrated that religious deviation and religious criminality are not equal categories. Religious criminality is a totality of crimes which constitute items of a criminal offence in accordance with the Criminal law. At the same time, religious deviation assumes any form of violation of legislation in force (inclu¬ding the criminal one) in the sphere of religious social relationships as well as any violation of social norms of theological character. According to the authors’ view, religious fundamentalism is regarded as a favorable premise for extremism advanced growing up, as an independent form of religious deviation, but the religious extremism is the basis of religious terrorism manifestation as the apogee of religious deviation, which has reached the level of religious criminality.

90-99

Authors: Cristina CHIHAI

Throughout this scientific article, we aim to deepen and solve the dilemmas concerning the involvement of different forms of legal liability for the act of violating the legislation on the organization and conduct of gambling, while also recommending concrete measures to improve the regulatory framework in this field. In the world, we evoke that states have adopted the civil, contraventional and/or criminal legislative framework to sanction the socially dangerous facts of illegal practice of various gambling activities. However, it is certain that the Criminal Code of the Republic of Moldova lacks a criminal norm that would directly criminalize such socially dangerous facts, although the possibility of engaging in this form of legal liability arises from the perspective of art. 54 of the Law No.291 of 16.12.2016. Therefore, in order to ensure the organization and development of gambling in conditions of legality, it is necessary to adopt strictly the criminal norm that will assume the responsibility for the given deed, the proper functioning of the system and the fight against crime in this area, in a fair and proportionate way, depending on the effective adoption and enforcement of organizational and punitive norms, especially legal-criminal norms.

107-110

Authors: Daniela ROMAN

Juvenile delinquency is currently one of the most serious social problems facing Romania, the extent of which is highlighted by both official statistics and mass media. Being a direct or mediated consequence of how family, school, and social mechanisms, sanctions and social rehabilitation work, it calls for a multidisciplinary approach to the influence of these institutions in terms of the risk factors involved.

123-136

Authors: Adrian POPENCO

In this study there are analyzed the particularities of qualification of negligent performance of duties in accordance with the provisions of art.329 PC RM. It shows that those skilled with qualification of crimes encounter difficulties to the qualification in concreto of the acts of negligent performance of duties in the pattern of the norms provided by art.329 PC RM. There are multiple errors of qualification according to the objective sign – the prejudicial consequence. Errors concern differential appreciation of the estimative sign “other serious consequences” referred to in letter b) para-graph (2) of art.329 PC RM. Also, it is noted the wrong position of some practitioners to qualify what was committed in accordance with paragraph (1) of art.329 PC RM, in the case where the prejudicial consequences are expressed in non-patrimonial damages. Finally, it highlights some problems of qualifying for by objective sign – prejudicial act. In some cases confusions to the assessment the content of the two normative modalities for expressing the prejudicial act are noted. It is observed that, persons qualified to apply criminal law, often fail to stipulate in the issued enacting act the exact norm from the normative act of reference, what contains the obligation for whose perfor¬ming or nonperforming the public person is guilty.

145-148

Authors: Aurel Octavian PASAT

The purpose of this study is to solve some aspects of preventing and combating terrorism by analyzing some doctrinal opinions and the legislation in force both in the European Union and in Romania, as well as in formulating some conclusions, with a view to solving some aspects related to the application of incidents of incriminating texts. Also, in the study undertaken, we analyze critically the definition of terrorism from the legislation in force and in the specialized literature in the legal field.

154-161

Authors: Drăgălin PĂDURE

In the realm of this article there have been synthesized the most recent conclusions of the legal drafting methodology rules in the matter of legal norms revision and adaption. The author has selected the most progressive opinions on the Criminal law and has emphasized the most advanced views comprehended by the author as the basic principles in the application of the Criminal law in time. The author has concluded that a favorable condition for a comprehensive treatment and application of the Criminal law is considered to be clearness and accessibility of its norms. Thus the principle of legality incorporated in the paragraph (1) article 3 of the Criminal law of the Republic of Moldova must be revised in such a way so as a punishment can be applied or no security measure can be applied if it was not foreseen before by the criminal law on the date the criminal misdeed has been committed.

173-188

Authors: Violeta M. COJOCARU

In this study there are analyzed the secondary signs of the subjective side of the offenses provided by art.278 PC RM (terrorist act). It is demonstrated that in committing terrorist acts the perpetrator may tend to achieve both political and apolitical finalities (for example, to achieve religious, cultural or other goals). It is argued that the intimidation of the population of a state or a part of it arises, in the context of art.278 PC RM, as the primary (initial) purpose of the offense. At the same time, forcing a State, an international organization, a legal or natural person to commit or refrain from committing any action and bringing society's attention to the perpetrator's political, religious or other ideas evolves on the post of final purpose. In the context, it is emphasized that intimidation of the population cannot be regarded as independent purpose. It is accentuated that, as compared to the purpose of the offense, the reason is not a mandatory sign of terrorist acts, as it is not expressly stated in the text of art.278 CP RM, and nor is it implicitly deduced.

193-202

Authors: Maria BULGARU

The numerous and difficult issues we face, such as social injustices, corruption, crime, violence, etc. push an urgent need to revert back and reaffirm and update a set of moral and civic virtues: justice, fairness, honesty, integrity, dignity, duty, responsibility, tolerance, etc. The author highlights an unprecedented increase in the interest in ethics, especially in applied/professional ethics (ethics, which covers the establishment of relations between specialists during their professional activity), since the 1990s. This article reveals the essence of the professional ethics as an important factor contributing to the success and quality of services provided by the specialists. The author analyzes the most important ethical principles, which are general and common for all professions.

207-215

Authors: Stela MILICENCO, Doina CRĂCIUN

The article analyzes the particularities of the process of social integration of refugees in the Republic of Moldova, presenting the integration as a complex process, which assumes that a refugee is integrated into the society when results comparable to those of the members of the host society are obtained. In particular, the authors refer to areas such as integration into the social structure of the host society (for instance the labor market, education and health systems), the acquisition of new cultural knowledge and models, interaction with members of the host society, as well as identifying with the values of the host society. The authors’ research allows concluding that integration of refugees is a long-lasting process and it requires efforts on behalf of both society and refugees, as they need to optimize their own efforts.