Studia Universitatis Moldaviae. Stiinte Sociale

13-23

Authors: Aliona CHIRA

The development of social research domain has been influenced by the application of new models for addressing social phenomena, especially referring to the qualitative approach. In this regard it can be mentioned the Grounded theory, developed in the twentieth century by American sociologists Glaser B.G. and Strauss A.L. in response to quantitative approaches to social phenomena. The article analyzes the stages of development of the Grounded theory, highlighting the new currents. The author also presents the peculiarities in defining this research and data interpretation method in order to formulate an explanatory model.

25-33

Authors: Stanislav COPEŢCHI

In this study there it is pointed that the sanction of the norms stipulated in letters a) and b) paragraph 2) of art.329 PC RM gives them unconstitutionality, fact resulting from comparative analysis of the sanction stipulated in paragraph (2) of art.329 PC RM in relation to sanction stipulated in paragraph (2) of art.327 PC RM. More exactly, it is noted that the sanction of the norms stipulated in paragraph (2) of art.327 PC RM which, inter alia, establishes criminal liability for the abuse of power or abuse of official position that caused severe consequences is milder than the sanction of the norms stipulated in paragraph (2) of art.329 PC RM (negligent performance of duties that caused the death of a person or other severe consequences) which contradicts to the principle of establishing penalties based on the degree of social danger which represents the prejudicial act and the perpetrator. Is demonstrating that such situation seems to be discriminatory, because it puts in an unfavorable position persons accused of committing negligent performance of duties that caused the death of a person or other severe consequences in relation to persons accused of committing abuse of power or abuse of official position that caused severe consequences.

45-50

Authors: Victoria ARHILIUC

Together with the creation of weapons of mass destruction had appeared the necessity of universalization of the treaty system regarding the interdiction of proliferation of this type of weapons. The possibility to possess the weapons of mass destruction by terrorists entities, the threats and challenges from the states that defying the norms of international Law, require a consolidation of efforts in the field of global security.

60-68

Authors: Lilia GÎRLA, Costică MOȚOC

In the limits of this scientific message there is identified the place of professional secrecy of the religious servant in accordance with current legislation, as well as the foundation of religious secrecy concept, in general, and secrecy of, in special the seal of confession as a separate part of secrecy. Consequently, there have been obtained the following results: the concept of seal of confession was formulated taking into consideration philosophical and theological sciences; termino¬logy of “cult leader” and “priest” was clarified in order to determine the special subject of seal confession disclosure; the content of religious secret was identified; the differences between “religious secret” and “seal of confession” were demonstrated; the necessity of substituting the term “religious secret” by “seal of confession” in the Law of criminal procedure was shown; the Law of criminal procedure was analyzed from the perspective of professional secrecy regulations concerning the seal of confession; some proposals “lege ferenda” to perform in law have been suggested as introducing the following expression seal of confession or other data which constitute the “religious secrecy”; some proposals of “lege ferenda” to perform in law have been suggested as refusal for the expression “cult leader” introducing the term “priest”.

75-82

Authors: Veaceslav ZAPOROJAN, Dragoș CRIGAN

The adoption and revision of the Constitution are constitutional procedures of legislative technique, which, unlike similar procedures applied by law, leave deep marks on the establishment and development of a democratic society. These constitutional procedures need to be carefully pursued and analyzed by society and sometimes sanctioned through constitutional control, in order not to be allowed radical deviations and changes in the transformation (metamorphosis) of the organized society into the state. The Republic of Moldova since declaring sovereignty and gaining independence has had a vast experience of constitutional transformations, which have been the subject of this study.

89-93

Authors: Ina JIMBEI

According to Article 361 of the CPC of the RM, the co-participants and the third parties participating in the process on the appelants side can join the appeal if their claims coincide with the appelant's claims, submitting a written request. No state fee is payable for the request to join the appeal. Further, we analize it in detail to finally conclude on the purpose and the perspectives of this institution.

104-112

Authors: Ion COBÎȘENCO

In the past, a little relevant and controversial, the quality of the environment became a very important aspect of human rights and now it is an increasingly fundamental right with its own and independent status. As the last generation of law, the right to a healthy and ecologically balanced environment has proven to be the fastest-growing population of its generation in terms of its guarantee and effectiveness on the road of justice. In this regard, its constitutionalization at the State level can be seen in only a few decades, favoring appropriate regional and international development. At the same time, the emergence of global environmental problems (the greenhouse effect, climate change, ozone depletion, etc.) has helped to strengthen its fundamental and legal right to humanity`s survival.

122-129

Authors: Sorin DOLEA

The conclusion of contracts between investors and host States is a common feature in international investment law. In many disputes, such investment agreements play a major role. The existence of such contractual agreements and the claims arising in the investment disputes surrounding them, have given rise to a plethora of legal issues, which will be addressed in this contribution. Initially, it is necessary to distinguish between breaches of a treaty and breaches of contract. Not every breach of a contract by a State amounts to a breach of international law. There is a large body of case law setting out the line at which a breach of contract under domestic law amounts also to a breach of international law. This can either be due to the specific circumstances of the breach or to the existence of an umbrella clause. Cases involving breaches of contract invariably also have given rise to complex disputes about the jurisdiction of the treaty-based tribunal deciding on them. The main questions have focused on whether such tribunals can hear claims based on the breach of a contract as a preliminary question to determining a breach of a treaty, the jurisdiction of treaty-based tribunals to hear claims for the breach of contracts not amounting to breaches of international law and the relevance of contractually agreed dispute resolution provisions. None of the above questions have yet produced uniform answers. There are, however, certain approaches depending whether the applicable investment treaty provide for an “umbrella clause”, or the investment treaty has a limited rationae materie scope of protection. These aspects will be discussed in this article.

139-144

Authors: Ion GUCEAC Jr.

Protecting the health of the population has a direct influence on the development of a state. It ensures the satisfaction of the primary needs of human being, to be healthy and a society to have a healthy population. According to the Law on compulsory health insurance no.1585 of 27.02.1998, at the basis of the compulsory health insurance system in the Republic of Moldova is the principle of Solidarity, according to which the payers of the mandatory health insurance pay the premiums according to their income and receive healthcare as needed. Every individual in the community must perceive that compulsory insurance is a good financial instrument which cover the healthcare system's expenses, to treat diseases conditioned by the occurrence of insured events, and on the basis of our contribution we will have the necessary quality and volume of medical services.

150-157

Authors: Ирина КОНСТАНТИНОВА

The present article is dedicated to the improvement of convicted persons by means of recommendations of some organizational and legal measures. As a result, the author has performed the research of the Substantive Criminal Law for the last years (2010-2018) in the sphere of labour regulation of the convicted persons. Some conclusions and recommendations can be taken into consideration during reconceptualization of the modern executional legislation.

165-168

Authors: Andrei MUNTEAN

This article addresses the issue of the imprescriptibility of criminal prosecution for committing crimes against the peace and security of mankind. Because the profound consequences of World War II have left a deep scar in global collective consciousness, the issue has directed the conquering nation community to propose that such serious violations of international legality should never be prescribed. As a result, those suppositions that serve as the basis for admitting the criminal prescription were generally considered to be unwise in the case of crimes against peace and humanity.

183-187

Authors: Radu POPA

According to art.875 of the Civil Code of the Republic of Moldova, through the rental contract, a party is committed to give to the other party an individually determined asset for temporary use or for use and for temporary possession, and s/he undertakes to pay rent. It follows that, the tenant (the owner or other person prescribed by law) offers a certain good after a prior understanding in use or in use and possession for a certain period of time against a payment. The rental activity on the real estate market of the Chisinau Municipal Council is carried with deviations. The municipal council encounters difficulties in managing his patrimony and often makes mistakes in the process of making a rental contract to the empty house (rooms, buildings). The biggest and most common mistake made by the Municipal Council is the non-observance of art.77 par.(5) of the Law of local public administration, no.436-XVI of 28.12.2006, which provides the auction as a method of renting the rooms. An acute problem for the patrimony administration is the usage rooms by foreigners. Often the negotiation between the parties and the inspection of the rooms on the spot reveals that the rooms are used by foreigners, Another situation of using the rooms by unauthorized persons are due to the long and difficult process of renting rooms. Therefore, the Chisinau Municipal Council is not a good owner, and its activity on the real estate market leaves no good.

194-201

Authors: Daniela ROMAN

The role of the probation system is carried out in compliance with the law and the judgments and under conditions ensuring respect for human rights and fundamental freedoms, any restriction of which is possible only within the limits inherent in the nature and content of the punishments and measures established by the court decision and under the conditions which derive from the specificity of the intervention, depending on the seriousness of the act and the risk of committing certain offenses. The activity of the probation system is carried out under conditions that respect the dignity of the person and which does not hinder the exercise of the right to his private life and his family more than is inherent to the nature and content of the intervention. In the probation system, any activity is carried out without any discrimination on the grounds of race, nationality, ethnicity, language, religion, gender, sexual orientation, opinion or political affiliation, wealth, social origin, age, disability, chronic non-contagious disease or infection HIV / AIDS or other circumstances of the same kind.

209-216

Authors: Mariana ȘARGAROVSCHI

This scientific research is devoted to issues related to the clarification of the legal concept of conversion. It has been mentioned that this hypothetical legal institution is not uniformly analyzed by the doctrine of the states of the world, nor does it have a precise presentation in the laws of different states. Moreover, there are systems of law that do not expressly or tacitly consecrate it. In this context, emphasis was placed on the need for legal "healing" of acts of absolute nullity, in particular by exemplifying the optimal solutions identified by legislators and doctrines regarding the application of this legal construction. It has been demonstrated that it is important, although extremely difficult, to implement this legal mechanism at the current state of the national regulatory format, as long as the legal nature of the conversion remains uncertain. An imperative of scientific research has placed the need to coagulate all the views on the legal nature of conversion in order to obtain a uniform optician. It has been shown the multipolarity of the legal nature of conversion, which is sometimes seen as a way of redressing the causes of nullity, as well as exceptions to the principle of nullum est, nullum produit effectum, or as a way of removing the effects of the nullity of the civil legal act, or a principle that removes the rule quod nullum est, nullum produit effectum, or the principle that maintains the effects of the act of nullity, and these remain only a few of the solutions given by the doctrine, which was not particularly focused on this fragile segment. It was mentioned that the civil law of the Republic of Moldova does not cover the juridical regulation of the conversion, although certain deductions can be made, as it was stated in the present scientific research. It has been shown that conversion has a remarkable importance in a legal system and that the introduction of explicit legal regulations is not only an intellectual exercise but also a legal necessity.

222-230

Authors: Carolina BUDURINA–GOREACII

Today, more and more civil society institutions registered at national and local level actively participate in solving socio-economic and cultural problems. Their final results depend on the degree of collaboration with the local public authorities, as well as on the willingness of the citizens to get involved in local activities. Therefore in our article we will analyse in details the specific functions of the civil society intitutions on comunity develeopment, taking into considerations the promotion of human rights, the peaceful coexistence of ethnic minorities and the strengthening of relations with the Moldovan diaspora; economic development; ensuring gender equality, as well as the personal development of young people. At the same time, based on these functions, the article reviews the actions and main activities that the civil society institutions perform in socio-economic and cultural development at the local level.

241-248

Authors: Лилия ЯКОВЛЕВА

The article reveals the problem of the legitimacy of power from the point of view of modern political theory. It is justified that the understanding of the legitimacy of power in the post-Soviet space is often limited by electoral democracy. That is, in the case of the delegitimization of power, the unofficial pact of Ukrainian elites implies the mandatory holding of early elections to recover from the political crisis. On the one hand, it is an electoral democracy that allows maintaining cautious optimism about the democratic future of Ukraine. On the other hand, the article emphasizes that this condition is necessary but not sufficient for the establishment of inclusive legitimacy.

23-26

Authors: Marina BOTNARIUC

The messages transmitted through the media have value if they are able to perform the social communication functions and if they generate feedback from the public. The potential media campaigns to show solidarity on behalf of the public can be measured by the problems solved within a predeterminated span of time.

32-38

Authors: Violeta COTILEVICI

The rationale behind the necessity of the Republic of Moldova's accession to the Francophonie in 1997 comprises various ethno-linguistic, socio-political, cultural and historical reasons. The political dimension of the Francophone project has a particular resonance in Moldova. Moldova, through the Francophonie, becomes more democratic, more open, more tolerant, and has an additional gateway to Europe. France is the privileged partner of the Republic of Moldova in the development of the capacity to connect to the European standards through this factor of cultural verticality – the Francophonie. It is important to understand that this can not be a substitute for foreign policy, but it is a specific multilateral and bilateral cooperation instrument. The Francophonie plays an important role in the Moldovan-French relations, France having the vocation to be an important actor in two integrated areas: the European Union and the Francophone world. In the Republic of Moldova, the Francophonie contributes to the formation of new elites, to the promotion of cultural diversity and to the creation of jobs for Francophone citizens.

46-51

Authors: Natalia STERCUL

The inclusion of the civil society in political modernization plays a special role in the formation of a new type of interaction between the society and authorities. For the success of the modernization processes it is necessary to change the consciousness, which suggests the intensification of civil control, reinforcement of the civil liability, the proliferation of civil initiatives and the formation of a viable civil society. The article examines the role and the place of the civil society in the modernization processes. In this context the author focuses his attention on such issues as the formation of the public opinion, stereotypes, which are models of the behavior of the majority of the population and influence the political decision-making processes. The civil society becomes the main factor of the transformations in the society, in creating special conditions for the institutes of the civil society functioning and in the intensification of the interaction and cooperation between the public sectors. Civic initiatives, non-governmental organizations, interest groups, lobbyists and other structures implement the functions of recruitment of interests and promote democracy. The main attention is paid to the civil society of the Republic of Moldova in the context of political modernization and reforms.

59-73

Authors: Sergiu BRÎNZA, Vitalie STATI

This article includes the analysis of the offences referred to at par.(1) art.190 PC RM and par.(1) art.191 PC RM, addressing the effects of adopting Law No.179/2018. The secondary legal object of the offence stipulated in par.(1) art.190 PC RM is the social relations with regard to the trust and good faith that exist between the parties during the mutual conclusion and execution of a legal act. The authors established that art.190 PC RM only addresses the offence of deception by misleading. The offence of stealing, committed through abuse of trust, can no longer be qualified under art.190 PC RM. The subject of the offence referred to at par.(1) art.190 PC RM, additionally to a party in the conclusion and/or execution of a legal act, may also participate as a third party. The secondary legal object of the offence mentioned in par.(1) art.191 PC RM is the social relations with regard to the trust given by a person during a transfer of assets to another person – on the basis of a title and for a certain purpose – in legitimate possession. The term of “title” used in par.(1) art.191 PC RM has a much more complex meaning than a contract of civil law. Theft committed through abuse of trust (as a result of the entry into force of Law No. 179/2018, it can no longer be qualified under art.190 PC RM) is deprived of the qualification under art.191 PC RM as well. Just as before entring into force of Law No. 179/2018, in accordance with the criminal law in force, the offences referred to in art.190 and art.191 PC RM continue to be offences committed through stealing.

82-93

Authors: Vitalie STATI

This study has called as unacceptable several arguments mentioned in the Decision No. 44/2018 of the Constitutional Court. It is established that the phrase “rules or methods on medical care provision” from art.213 PC RM does not meet the principles of accessibility and predictability of law, therefore it does not comply with the provisions of articles 22 and 23 of the Constitution. All rules or methods on medical care provision (within the meaning of art.213 PC RM), without exception, must comply with the principle of legality. Taking into consideration that art.213 PC RM is a split norm (incomplete, ancillary, of reference, of linkage), it can only be completed by a juridical one. With regard to the offence provided by art.213 PC RM, the objective standard is that the doctor or other medical worker must provide medical care in accordance with the normative rules or methods for granting such assistance. The lack of a normative attribute is equivalent to the lack of the objective standard itself, which excludes the application of art.213 PC RM. The expert's opinion cannot in any way compensate for the gaps regarding the regulatory framework in the field of medical care provision. The issue with the partial regulation of the medical field is that it must not be solved by deregulating art.213 PC RM. There is a better solution: all documents containing rules or methods on medical care provision (within the meaning of art.213 PC RM) must be approved by orders of the Ministry of Health, Labour and Social Protection and published in the Official Gazette of the Republic of Moldova.

98-107

Authors: Stanislav COPEŢCHI

In this study there it is pointed that the sanction of the norms stipulated in letters a) and b) paragraph 2) of art.329 PC RM gives them unconstitutionality, fact resulting from comparative analysis of the sanction stipulated in paragraph (2) of art.329 PC RM in relation to sanction stipulated in paragraph (2) of art.327 PC RM. More exactly, it is noted that the sanction of the norms stipulated in paragraph (2) of art.327 PC RM which, inter alia, establishes criminal liability for the abuse of power or abuse of official position that caused severe consequences is milder than the sanction of the norms stipulated in paragraph (2) of art.329 PC RM (negligent performance of duties that caused the death of a person or other severe consequences) which contradicts to the principle of establishing penalties based on the degree of social danger which represents the prejudicial act and the perpetrator. Is demonstrating that such situation seems to be discriminatory, because it puts in an unfavorable position persons accused of committing negligent performance of duties that caused the death of a person or other severe consequences in relation to persons accused of committing abuse of power or abuse of official position that caused severe consequences.

119-132

Authors: Lilia GÎRLA

The present article is concerning the disputable aspects of criminal liability for medical malpractice as a form of offences committed in the sphere of medical activity, approach being selected the synthesis and assessment of the modern Case law of the Republic of Moldova in this matter. In order to obtain this purpose, the author has selected Case law of national judicial instances for the last ten years (2008 up to 2018); has completed a generalization and systematization of medical malpraxis case law in the penal matter; has formulated a reasonable point of view concerning the disputable questions in the matter of criminal offences provided in the articles 162 and 213 from the Criminal code. As a result, there have been formulated some rules of legal appraisal taking into account the peculiarity of the medical malpractice offence, as well as some useful recommendations in the penal matter have been created and proposed for penal doctrine and judicial practice.

138-145

Authors: Dorin BOTNARENCO

This scientific article is dedicated to a reconceptualisation of criminal liability for the pronouncement of a sentence, decision, conclusion or judgement against law in accordance with article 307 of the Criminal code of the Republic of Moldova. The author has performed an analysis of the modern doctrine, decisions of the Constitutional Court of the Republic of Moldova and of the international provisions. Namely the analysis of the criminal legal norm s combined with some references to the Constitutional Law and General Theory of Law. The author began his research from a constatation of an ethic and a legal problem concerning the contradiction between independecy of judges, on the one hand, and illegality of some judicial decisions, on the other hand, taking into consideration the free conviction of the judge. There are emphasized some stand-points of the elements of Corpus Delicti provided by article 307 of the Criminal code. As a result, some recommendations of lege ferenda have been suggested.

160-178

Authors: Cristina CHIHAI

Through this scientific article, we aim to deepen the concepts of qualification of criminal offenses according to art. 3261 Criminal Code of the Republic Moldova and to solve the dilemmas regarding the involvement of the criminal responsibility for the act of exercising the public sector attributions in the situation of conflict of interests, implicitly recommending the concrete measures regarding the improvement of the regulatory framework in the field and the unitary application by the law enforcement bodies of the norm anchored to art.3261 CC RM. A fortiori, we state that the prevention and the fight against violations of the regulatory framework regarding the correctness of the exercise of the service duties in the public sphere, its efficiency and professionalism must be regarded as one of the primordial and eminent goals of the state policy. Per a contrario, both at national and global level, there has been a terrifying increase in the level of criminality in the public sphere, but this assertion is mirrored by the frequent acts of corruption held in the public domain. As a consequence, by realizing the resonance of these negative effects, the Parliament of the Republic of Moldova adopted the Law for completing some legislative acts, no.66 of 24.05.2018, which complied the Contravention Code of the Republic Moldova with art.3135 "Non-execution of the measures regarding the execution of the provisions of the Law on declaration of wealth and interests personal" and art.3136 "Violation of the legal regime of restrictions and limitations related to the termination of the mandate, of the employment or service relations and the private sector migration of the public servants (slippers)", and in the last ratio, the Criminal Code of the Republic Moldova with art.3261 "Exercise of public sector attributions in a situation of conflict of interests". As a result, in the present case, we are pursuing the juridical-criminal analysis of the constitutive elements of the offences and the aggravating circumstance recorded in art.3261 CC RM, the interpretation of the normative content of the given norm, as well as the enlightening of the qualification rules and the conditions of application of art.3261 CC RM.

185-194

Authors: Costică MOȚOC

This scientific article is dedicated to a comparative research of the service secret and the professional secret in the realm of Romanian and Moldavian penal and extra-penal legislation. Recommendations of the Council of Europe and the national legislation (Romania and Republic of Moldova) became the necessary basis of investigation in the matter of legal protection of service secret and professional secret. At the same time, in order to ensure the reasonableness of research the author has performed an analysis of contemporary doctrine in the sphere of Substantive Criminal Law and Informational Law. As a result, there have been formulated several conclusions deemed to clarify the legal nature service and professional secret.

206-211

Authors: Drăgălin PĂDURE

In the realm of this scientific article there have been investigated the fundamental aspects connected to preeminence of Criminal law. Decisions of the Constitutional Court of the Republic of Moldova concerning the preeminence of Law applying in time have created a necessary basis for research. There have been analyzed and synthesized the most progressive conclusions of the Constitutional court of The Republic of Moldova, being emphasized the most advanced views comprehended by the author as the basic principles in the application of Criminal law. At the same time, in order to fortify his scientific position, the author has proceeded to an analysis of the modern national and foreign doctrine in the domain of Substantive Criminal Law, Constitutional Law, General Theory of Law, as well as in the domain of law-making technics. As a result of this study, there have been formulated several conclusions which are considered to be able to be implemented in the modern doctrine of the Substantive Criminal Law.

218-232

Authors: Adrian POPENCO

In this study the offence of negligent performance of duties that cause other severe consequences is being examined. The theoretical-practical problems created by the constitutive sign “other severe consequences” are highlighted. It is noted that judicial practice in the matter of negligent performance of duties is uneven regarding determining the content of the sign “other severe consequences”, which is dictated by the elusive, unclear and ambiguous character of that sign. The sign “other severe consequences” (inscribed in letter b) paragraph (2) art.329 PC RM) creates favorable conditions for the establishment of free will, the addressee of the criminal law being put in a situation to “guess” under whose rules of incrimination his behavior may fall. It concludes on the substitution of the phrase “other serious consequences” in the text of the letter b) paragraph (2) of art.329 PC RM with exacting, clear and predictable damaging consequences.

247-255

Authors: Ion ȘLICARI

The purpose of this study is to analyze the institution of criminal evidentiary support as the basic and central element of the criminal prosecution, the way and subjects involved in the process of evidence administration, as well as the procedural guarantees provided by the Criminal Procedure Code and the European Convention for the Protection of Human Rights and Fundamental Freedoms, analyzed in terms of respecting the principle of equality of arms.

267-270

Authors: Igor CIOBANU, Artur COTRUȚĂ

This article reflects the issues related to the approach of crimes and the application of sanctions in the criminal norms of the Romanian criminal law through the principles specific to the investigated epoch. The oldest written criminal regulations were the comments of the Byzantine jurists, and then there were printed the rules of the rulers Vasile Lupu and Matei Basarab. To the crimes against patrimony it was given special attention both in the Law of the Country and the rules elaborated at the Iasi and Bucharest courtyards. The sanctions, in particular, were pecuniary in case of recidivism and corporal or capital, depending on the object of the crime and the status of the victim.

8-24

Authors: Serghei BRÎNZA, Vitalie STATI

This study is a first attempt to analyze the offence of cruelty towards animals, set out in art.2221 of the Penal Code. In this regard, there is established that the social relationships concerning the human attitude towards animals represent the special legal object of the offence in question. It is underlined that animals which possess a nervous system and are capable of feeling pain or suffering are the material object of the same offence. There is also framed the distinction between the two normative modalities of the prejudicial act provided by art.2221 of the Penal Code, accordingly between the act of ill-treatment of animals and the act of animal torture. The two prejudicial consequences of the offence – the pain or suffering of the animal and the mutilation or death of the animal – as referred to in art.2221 of the Penal Code, are analyzed as well. It is concluded that the subjective side of the offence set out in art.2221 of the Penal Code is determined by direct or indirect intention. It is established that the subject of this offence is the liable natural person who reached the age of 16 at the time of the offence commission and the aggravating circumstances of the offence specified in let. a)-c) par. (2) art.2221 of the Penal Code are examined. The possible connections between the offence provided for in art.2221 of the Penal Code and other acts of criminal or administrative nature are also analysed. As a result, in order to ensure the compliance with the provisions of accessibility and predictability of the law, which derives from articles 22 and 23 of the Constitution, it is recommended to include a series of amendments in art.2221 of the Penal Code and art.157 of the Contravention Code.

34-42

Authors: Sergiu CRIJANOVSCHI

In the realm of this scientific message there has been analyzed the Criminal law basis concerning security measures, especially in the form of special confiscation in accordance with the article 106 Criminal code of the Republic of Moldova. During the research there has been clarified the legal nature and special destination of the Criminal law and regional normative acts. The author explained some disputable questions regarding the object of confiscation, analyzed several scientific opinions concerning the object of confiscation as well as international regulations in this matter.

51-61

Authors: Lilia GÎRLA

In the realm of this scientific message are elaborated some solutions concerning criminal law protection of professional journalist secrecy. The conceptual framework envisages optimizing the incriminating construction by formulating some suggestions de lege ferenda aimed to improve substantially Criminal law of the Republic of Moldova. The author de¬mons¬trated that the criminal legal norm concerning the violation of inviolability of privacy provided by paragraph (1) article 177 of the Criminal code, doesn’t offer sufficient protection to the data obtained, stored or processed in the professional secrecy regime, because those confidential data are protected in the regime of personal or family secret which belongs to the primary owner, while the professional secrecy assumes that this kind of secrecy is administrated by the secondary owner (the employee who obtained the confidential data in connection with the execution of his/her professional competences).

68-77

Authors: Drăgălin PĂDURE, Stela BOTNARU

In the limits of this scientific article there have been conceptualised unfavorable criminal laws by means of analysis of its types and rules’ identification concerning the criminal laws which institute a severe punishment or otherwise worsen the situation of the person who is guilty in commission of crime. Authors elaborated a scientific typology of unfavorable laws as well as demonstrated that Novatio legis, Novatio legis in pejus and Lex gravior constitute the basic forms of un¬favorable laws whic are expressely provided in the paragraph (2) article 10 of the Criminal code of the Republic of Moldova. Un the realm of this study the autohrs have exemplified rules of the unfavorable law identification. The obtained results could be used in the process of imporvement of the Substantive Criminal Law.

91-95

Authors: Andrei PÂNTEA, Adrian TĂBÎRȚĂ

In the present research, the purpose is to find a solution for the following dilemma: does pregnancy, resulting from the rape, fall under the provisions of let.f) par.(3) art.171 of the Penal Code of the Republic of Moldova? Some scientists choose to invoke the aggravating circumstance "that results in other severe consequences" in the case of rape resulting in the victim's pregnancy. However, there are also scientists who do not support such an interpretation and consider that the aggravating circumstance "that results in other severe consequences" cannot be invoked in the case of rape resulting in the victim's pregnancy. The last of these doctrinal positions is based on the following arguments: pregnancy is a natural, though not mandatory, consequence of sexual intercourse; the pregnancy is already considered by the legislator as a possible harmful consequence of this crime; the occurrence of such a consequence, as well as the related moral sufferings of the victim can be taken into account when choosing the amount of the punishment within the limits of the sanction established in the norm that incriminates the non-aggravated rape; it cannot be categorically asserted that between rape and the victim's pregnancy there would be a causal relationship sine qua non; the victim's pregnancy cannot be identified with a physical or moral injury; social indications for voluntary termination of pregnancy after 12 weeks and until the end of week 21 of pregnancy (including pregnancy arising from rape) should not be relevant in terms of aggravation of liability for rape; invoking the aggravating circumstance "that results in other severe consequences" in the case of rape resulting in the pregnancy committed knowingly against a juvenile (including a juvenile under the age of 14) would mean overestimating the social danger of the committed crime. Such arguments are reasonable. As a result, the aggravating circumstance provided by let.f) par.(3) art.171 PC RM cannot be invoked in the case of the rape resulting with the victim's pregnancy.

103-109

Authors: Gheorghe RENIȚĂ

Differentiated treatments are discriminatory if they are not based on an objective and reasonable justification, that is, if they do not pursue a legitimate purpose or if there is no reasonable ratio of proportionality between the means used and the purpose pursued. From this perspective, the conditional suspension of the execution of the sentence may operate, in certain circumstances, with respect to any person regardless of sex, race, color, language, religion, political opinions or any other opinions, national or social origin, belonging to a national minority, wealth, birth or other criteria. To “other criteria” we could attribute, among other things, the citizenship of the person and the fact whether or not the person has his domicile in the territory in which he committed the crime. Therefore, the refusal to conditionally suspend the execution of the sentence, because the offender is a foreign citizen and does not have a home on the territory of the Republic of Moldova, is a discriminatory treatment.

119-130

Authors: Rodica BERDILO

A person, commonly accepted as a social value protected by the criminal law, must be perceived as an individual with a totality of different social, biological and psychological characteristics, regardless of whether he or she: has gone through the whole process of socialization; has become a personality or has lost the ability to become one. The special legal object of the offence set out in art.146 PC RM is formed by the social relationships concerning the life of the person which causes the perpetrator's state of affection through acts of violence, grave insults, and through other illegal or immoral acts. Meanwhile, the social relationships concerning the person's life form they represent the legal object of the subgroup of the offence in question. On the same note, the content of the social relationships defended by art.146 PC RM is formed by the right to life. As well as, the objects of the social relationships defended by this article is the person’s life – the specific social value around and through which such social relationships are formed, developed or evolve. There is also excluded the possibility for this offence to have a secondary legal object.

135-139

Authors: Ion GUCEAC Jr.

The human right to health protection is a complex of rights that provides the main, inalienable asset - its health. When there is no health, it is difficult to talk about the full legal capacity. Moreover, the quality of health determines the quality of life. Health by its very nature is a value in itself and a precondition for the prosperity of society. For these reasons, citizens' health is one of the main priorities of each state, and health policy provides for the right of everyone to access high quality healthcare. Through the policy it promotes, the Republic of Moldova aims to: increase the life expectancy at birth and increase the healthy lifespan; ensuring quality of life and reducing differences in terms of health for all social groups; strengthening the cross-sectoral partnership aimed at strengthening the population's health; increasing the individual's responsibility for their own health.

146-159

Authors: Costică MOȚOC, Lilia GÎRLA

In the realm of this article is the reconceptualization the legal nature of confident data of the person protected in the regime of the reproductive professional secrecy from the perspective of penal and extra-penal legislation of the Republic of Moldova and Romania, ECHR Case law, and contemporary scientific visions. During the scientific research there has been performed the penal analysis of medical data of a reproductive character regarded as a type of personal or family secret which forms the immaterial object of the art.177 Criminal code of the Republic of Moldova, as well as the reproductive professional secret in the sense of the article 226 New Criminal code of Romania; there has been identified the content of the reproductive professional secret; there has been clarified the right for genetic identity and the right for acknowledgement of its biological origin of a person, on the one hand, and the right for the reproductive secrecy, on the other hand, law being obliged to ensure confidentiality of both parties to the proceeding. The authors have demonstrated a necessity to improve the modern criminal laws of both of countries by means of recognizing a special legal regime of the reproductive professional secrecy in the matter of medically assisted human procreation.

171-181

Authors: Nicolae POSTOVANU

In order to consider the prejudicial act an offence, within the context of penal law, it must be committed with guilt. In other words, the perpetrator may be held criminally liable only for the prejudicial act and the prejudicial consequences for which his/her guilt has been established. Article 264 PC RM includes the act of recklessness with regard to the prejudicial consequences of middle battery or middle health injury. At the same time, no mention is made regarding the perpetrator's attitude towards the prejudicial act provided by art.264 PC RM – the violation of traffic safety rules or the use of transport rules. Article 19 PC RM does not make any references to the content of the guilt considering the offences set out in art.264 PC RM. In essence, the offences specified in art.264 PC RM should be considered as acts committed by recklessness. The concomitant perpetration by the same person (same people) of the acts stipulated in art.228, art.235-244 of the Contraventional Code and of the acts provided by art.149 or art.157 PC RM generates the combination of the social danger of all these acts and their “merging” into a new qualitative product, namely into the offences provided by art.264 PC RM. With regard to the offences set out in art.264 PC RM, the content of the guilt implies both the intention or recklessness considering the prejudicial act and only the recklessness considering the prejudicial consequences.

193-197

Authors: Artur TARLAPAN

The paper has as research object the rules of the Insolvency Law no. 149/2012 regarding the limits of liability of the management bodies members of the debtor in the insolvency procedure, which caused its insolvency, as well as the practice of applying this rules. Considering the irregular and sometimes erroneous dispute resolution in this matter, proposals are made to improve the judicial practice.