Studia Universitatis Moldaviae. Stiinte Sociale

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.