Studia Universitatis Moldaviae. Stiinte Sociale

9-23

Authors: Vitalie STATI, Mihaela BOTNARENCO

The present investigation represents one of the first attempts to analyse the offenses gathered under the marginal name of violation of legislation concerning the organisation and conduct of gambling which constitutes a state monopoly, provided in art.2423 of the Criminal Code. The juridical object of the subgroup and the special juridical object of these offenses are identified. It is revealed that the material object of the offenses, provided in art.2423 of the Criminal Code is represented by the sums of money constituting the participation fee in the gambling. The Joint Stock Company “National Lottery of Moldova” is a victim of the analysed offenses. The content of the nine normative modalities of the prejudicial action specified in art.2423 of the Criminal Code is established. It is concluded that the subjective side of the offenses in question is characterised by direct or indirect intent. It is established that the subject of the offenses provided in art.2423 of the Criminal Code is either the responsible natural person who at the time of committing the crime has reached the age of 16, or the legal person, except for the public authority. In the presence of the normative modalities of organising and carrying out activities in the field of gambling that constitute a state monopoly, the subject has the special quality of un¬authorised person. Finally, we argue the opportunity to exclude letter c) from para. (3) art.2423 of the Criminal Code.

31-35

Authors: Oleg PANTEA

The published material envisages a case study regarding the process of establishing the contraventions by the administrative authority “National Agency of Road Transport” (ANTA). In this context, we referred to two important issues: the competence to establish the contraventions and the competence to examine the contravention cases. When conducting the investigations, the materials provided by the ANTA representatives were used during the meetings organised by the management of the institution, the statistics of the contraventions found, the practice of applying the contravention sanctions, forms of internal procedural acts, etc. We performed a legal analysis of the contraventions that are within the competence of the ANTA through the prism of their constitutive elements.

42-54

Authors: Aurel BĂIEȘU, Sorin DOLEA

This work is about state-owned entities. It analyses the impact of their conduct on the responsibility of states. We analyse a theory of the international law called “state attribution” under ILC Articles on State Responsibility. We also approach the doctrine of lifting the corporate veil, a doctrine largely extended municipally, but not much transited internationally.

64-83

Authors: Alexandru ARSENI, Veronica POZNEACOVA

This article is a study dedicated to the works of Thomas Hobbs, John Locke and Jean-Jacques Rousseau, who are the authors of the voluntary theory of the state emergence. The main purpose of this article is to analyse the voluntary theory of state emergence on the one hand, through the prism of the political and philosophical doctrine of great thinkers and on the other hand, through the prism of the practical implementation of this theory. In his treatise Leviathan or The Matter, Forme and Power of a Commonwealth Ecclesiasticall and Civil, Thomas Hobbes promotes and develops the ideological base of absolute monarchy. John Locke, through his Two Treatises of Government and A Letter Concerning Toleration, justified the concept of political liberalism. Jean-Jacques Rousseau, in his work The Social Contract or, Principles of Political Rights, which is the quintessence of the thinker's political ideas, promotes democratic ideas by formulating the concept of natural and inalienable human rights. A comparative study of these great philosophers’ doctrines allows us to emphasize the development of absolutist, liberal and democratic ideas, as well as the concept of state sovereignty and human rights. The implementation of the idea of the social contract, developed by Thomas Hobbes, John Locke and Jean-Jacques Rousseau, gives us the opportunity to highlight both authoritarian, liberal and democratic trends in the modern society.

88-94

Authors: Andrei PÂNTEA, Serghei PÂNTEA

This study argues that the state as a racket is both a legal category and a phenomenon, which designates a society where public entities are influenced by the racket, and it acts according to the “principles” of the racket. The study analyses the category of remedies and aims to identify them in the comparative law, in order to ensure compliance with the commitment to adopt the legislation that is necessary to recover the institutions and prevent such patterns.

100-106

Authors: Anatolie BĂNĂRESCU, Iulia BĂNĂRESCU

In the second century BC, the Roman state knows an unprecedented economic flourishing manifested by the increase of the production of goods and trade development. In connection with this, there were more and more conflicts resolved by the courts. The biggest problem was that the actions-at-law procedure had become rigid and made it very difficult to judge the cases. In its place appears a new procedure, called the formulary procedure, more appropriate to the level of development of the Roman society.

114-127

Authors: Alexandru STRÎMBEANU

This study analyses the scientific materials published abroad by scientists who have contributed to the development of the theoretical conception of solving the problem of criminal liability for illegal access to computer information. Among such scientists we shall enumerate: V.Stati (the Republic of Moldova); A.Craciunescu, M.Dobrinoiu, A.T. Dragan, C.Duvac, G.Florescu, V.Florescu, L.C. Kovesi, C.Manea, T.Medeanu, G.Zlati (Romania); S.D. Azarov, S.Ia. Burda, D.O. Ricika, N.A. Rozenfeld, A.Ia. Skiba, T.I. Sozanski (Ukraine); I.R. Beghishev, A.M. Doronin, A.N. Popov, V.G. Stepanov-Eghiants (the Russian Fe¬de¬ration). The investigations of these authors focus, in particular, on the offenses provided in: art.259 of the Criminal Code of the Republic of Moldova; art.42 of the Romanian Law no. 161 of 19.04.2003 on some measures to ensure transparency in the exercise of public dignity, public office and in the business environment, the prevention and sanctioning of corruption; art.360 of the Criminal Code of Romania; art.361 of the Criminal Code of Ukraine; art.272 of the Criminal Code of the Russian Federation. In the present study, priority is given to the examination of the constituent elements (object; objective side; subjective side; subject) of the offences of illegal access to computer information, provided by these articles. The analysed ideas and conceptions are to be taken into account in the process of elaborating the theoretical conception of solving the problem regarding the liability for the crimes provided in art.259 of the Criminal Code of the Republic of Moldova.

140-147

Authors: Mihaela ANGHELUȚĂ

The notion of violence is not defined in the Criminal Code of the Republic of Moldova. As a result, there may be uncertainties regarding the character – physical or mental – of the violence applied by the perpetrator. In the text of the Criminal Code, the notion of mental violence is used expressly only in the provision of ltr. a) para. (2) art.206. Only in this provision, the notion of mental violence is presented in the criminal normative sense. However, even in this case, the meaning that the legislator attributes to this notion is not clear. What is certain is that mental violence presupposes an influence on the person's psyche. The life, health or bodily integrity of the victim are not the social values that mental violence inevitably affects. In cases where the notion of violence is used in the criminal law without specifying its character – physical or mental – it refers to the influence on the person's body. This is confirmed by the use of the dichotomous phrase “violence or threat” from the provisions of para. (3) art.36, letter a) para. (1) art.137, letter a) para. (1) art.165, art.167 etc. of the Criminal Code of the Republic of Moldova. If in these norms the notion of violence encompassed the meaning of “mental violence”, then the notion of threat would remain meaningless. Any other interpretation would be equivalent to violating art.7 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

154-167

Authors: Rodica BERDILO

The works analysed in the present investigation represent the theoretical basis of the juridical-criminal analysis of the murder in the heat of passion. As a result of examining the views of scientists on scientific materials dedicated to this crime, we found that the doctrinal interpretations analysed facilitate the process of perceiving the legal essence of the crime provided by the art.146 of the Criminal Code. In particular, the analysis of doctrinal views on criminal liability for the murder in the heat of passion contributed to the formulation of the following relevant conclusions: the constitutive signs of the notion of murder can be designated by the following phrases/terms: 1) “deprivation of life”; 2) “illegal”; 3) “intentional”; 4) “of another person”; the recognition of the right to life as one of the components of the general legal object of crimes against the life and health of the person would mean the equivalence of this object with one of its parts; the victim of the murder in the heat of passion has the special quality of a person who provokes the heat of passion of the perpetrator through acts of violence, gross insults, other unlawful or immoral acts; the expression “occurs suddenly” in art.146 of the Criminal Code states that, at the time of the crime, the perpetrator must not simply show a sudden intention. It is necessary that this intention be also affected.

177-188

Authors: Irina PAVEL-GUZUN

Special procedures are regulations that ensure that litigants have access to simpler procedural means and forms, with the aim of speeding up procedures to ensure the speedy resolution of cases and the administrative effectiveness of the act of justice. The plea agreement has an important role to play in ensuring the simplification of the criminal process at the stage of criminal prosecution and trial phase. The plea agreement is an agreement (the law calls it a settlement) between the accused, or as the case may be, defendant, and the prosecutor by which the former agrees to plead guilty, which must result in a reduction of the sentence, if accepted by the court. The institution of the plea agreement arose on the basis of the institution of the plea, existing in the common law system. The plea refers to the case where the person appears before the court on various occasions (for example, at the official submission of the accusation) and is asked whether they plead guilty or not guilty. This article is a material of analysis of the provisions in force regarding the institution concerned, the holders, the content, the actual negotiation and the proceedings before the court. Particular emphasis is placed on the analysis of the results of empirical field studies conducted among judges, prosecutors and lawyers. Last but not least, the advantages, disadvantages and applicability of the plea agreement were analysed.

199-202

Authors: Carolina CAPAȚÎNA

The independence of the judiciary is an important issue for each country, but it is especially important for countries that have recently had or are still currently facing problems with democratic control in the state institutions. Different reasonings have been identified for the need of an independent judiciary in a democratic state, but, unfortunately, no “perfect” solution has been found so far. Since the judiciary is one of the three equally important fundamental pillars of the modern democratic state, in order to fulfil its duties in these areas, the judiciary must be independent of these authorities, which implies freedom from inappropriate relationships and the influence exercised by these authorities. Thus, independence serves as a guarantee of impartiality, and this has implications on all aspects of a judge's career in particular, from training to appointment and to promotion and disciplinary sanctioning. Also, the independence of the courts is identified by evaluating the manner in which judges are appointed, the duration of their mandate, the existence of guarantees against external pressures and the assessment of the appearance of independence of the judicial body, and moreover, the degree of trust that the court or the judge instils in the public and the parties, whose point of view matters.

209-214

Authors: Ruslan DELEANU

With the development of social life and the expansion of the Internet and its implementation in all spheres of social life, a new challenge emerged - online scheduling. In order to simplify and improve the interaction between the citizen and the public authorities, at European level, and more recently, at national level, there has been a tendency to use more and more the digitisation of public services. This measure was designed primarily to simplify and streamline the waiting time when a citizen intends to exercise a right before a public institution, but also as a legal instrument that allows every citizen to exercise fundamental rights and freedoms easily, in the era of digitisation, in the spirit of the National Strategy on Digital Agenda for Romania 2020. From the analysis of the areas in which the online scheduling was implemented as a form of digitisation of public services, it materialized as a complementary/optional measure to the one to benefit from a public service directly at the counter, without an online scheduling. In January 2016 the Bucharest Passports General Directorate received approximately 2% out of the total registered applications for the issue of a passport based on an online pre-appointment, and 98% were applications without an online pre-appointment, lodged directly at the counter. Over time, the number of applicants based on online scheduling increased to about 10% in June 2017, thus showing an increasing trend. In this article we will identify the advantages and disadvantages of online scheduling in the process of regaining the Romanian citizenship and possible ways to improve the process.

222-228

Authors: Mariana ȘARGAROVSCHI

Conversion, as a way of correcting the causes of nullity of the civil legal act, is a relatively new legal dimension, approached fragmentarily and occasionally by the doctrine, being found even less often in normative acts. For these reasons, but also due to the lack of substantiation of its generally accepted legal nature, the conversion can easily be confused with related legal institutions. Attention will be paid to the fact that the conversion is different from confir-mation, restoration, partial nullity, qualification, novation, simulation and inefficiency.

234-239

Authors: Armen OGANESEAN

Taking into account that the legislation of the Republic of Moldova doesn’t regulate the institution of interaction of pro¬¬cedural subjects, in this paper, we conducted a complex analysis of this concept in the framework of the international legal assistance. This article concerns a professional research of crimes investigation activity with support of law enforcement institutions from other jurisdictions, based on an active role of prosecution officers in interaction with regional and international institutions. Different practical aspects are reflected in this paper in the field of investigators’ interaction in that sphere. The article contains description of theoretical concepts regarding procedural interaction related to practical part of different inter¬na¬tional subject’s activity.

246-253

Authors: Ludmila BELIBAN-RAȚOI

The contract is the agreement of will made between two or more persons by which legal relations are established, amended or extinguished, so the purpose of the parties is primarily to produce effects, because otherwise the need to express this agreement of will disappear. In this regard, we would like to report that the effects occur naturally towards the parties, i.e. towards the persons who signed the respective contract. But the effects of a contract may also occur, exceptionally, to third parties, i.e. to persons who did not take part in any way in concluding the contract. By naturally producing effects between the parties, we can say that vis-à-vis the parties, the contract is binding, or, in other words, the signatory parties must comply with the provisions of the contract. On the other hand, compared to third parties, the effects of the contract being only an exception, we can say that the production of the effects towards them is relative. This study represents an exemplary synthesis of the doctrinal-theoretical dimension of the issue of contract effects. The practical aspects of the effects of the contract are also approached, and a particularly important aspect is the analysis of the subject approached in the light of the new regulations of the Civil Code.

259-265

Authors: Svetlana CEBOTARI

The rapid development of cities gives rise to many problems, both technological and socio-economic: an increase in the burden on infrastructure, obsoleting planning solutions, worsening transport problems, a growing environmental burden, overcrowding, outdated management institutions and loss of citizens' identity, etc. One of the most widespread concepts today, which reflects the idea of the future of cities and how to solve their problems, is the concept of “smart city”. Every year, global megacities become smarter with the introduction of smart technologies. A smart city is the place where life is comfortable, safe and easy. All processes are controlled, optimised, as a result, people and society as a whole get the best result. The smart city is a poor metropolis that uses resources wisely and appropriately. Today, a smart city is an ambiguous concept that includes a wide range of definitions. This article aims to highlight the main features and benefits of a smart city.

271-279

Authors: Ирина КОЖУХАРЬ

The crisis of national identity in the Republic of Moldova is a complex and controversial problem that hinders the development of an independent state. Being at the border with the European Union, Moldova has determined the European vector of its development, focusing on European values, standards and norms, which are an indispensable condition for rapprochement with the EU countries in this direction. In contemporary political science, it is customary to use such a term as diversity management to denote the diversity of European approaches to interethnic integration. Researchers identify several main directions for implementing diversity management: protecting the rights of minorities, minimizing areas of discrimination, protecting cultural identity and increasing the efficiency of administrative mechanisms. This article reveals the features of the contemporary European policy of interethnic interaction in the context of diversity management, examines the issues of the effectiveness of the legislative framework, political and administrative mechanisms for managing ethnic diversity in the Republic of Moldova, their compliance with the noted European approaches. Also, the article identifies the problems, risks and challenges in the integration of ethnic minorities that the country faces on the path of Europeanisation.

18-25

Authors: Alexandru ARSENI

Generally, both the legal doctrine and the constitutional law operate with the phrase “source of law”, taking into account customary and written legal acts. However, the phrase “constitutional block” has been used recently, thus broadening the sources of constitutional law as a branch of law, and includes, firstly, the Declaration of Independence of a state and also other constitutional acts. This article presents the essence, content, the legality and legitimacy of the phrase “constitutional block” and the place of the Declaration of Independence as a source of constitutional law having supreme legal force in the legislative system of a state.

34-41

Authors: Elena BELEI, Dumitru DUMITRAȘCU

In the civil proceedings, the defendant may defend themselves with the help of material objections, procedural exceptions and counterclaim. In addition to these main means of defence, we identified atypical means of defence that can contribute to the effective defence of the rights and interests of the defendant. The category of atypical means of defence encompasses the settlement agreement and the involvement of the accessory intervener in the civil proceeding. In this article, we examine the particularities, conditions and effects of the atypical means of defence.

63-67

Authors: Nicolae ROMANDAȘ, Nicolae ALCAZ

The work of day-labourers is a common practice in most countries, and usually it is placed in the informal sector, due to its complexity and the derogation from the general rule. In this paper we presented the Hungarian model of casual employment regulation. The Hungarian legislation has more than 20 years of experience in regulating casual employment relation¬ships, and two important laws and more enforcement rules being approved for this purpose. The Hungarian legislator has effectively combined the labour needs of the business environment and the social security of the day labourer, new techno¬logical reporting mechanisms are also provided to streamline the procedure by employers. We believe that the Hungarian law is one of the most effective and comprehensive laws regulating casual employment relations.

82-93

Authors: Radu ȚURCANU, Natalia CRECIUN

The present paper focuses on the argumentation of the indispensability to correlate, in a prudent manner, the efforts of Court Presidents and of the judicial inspection body in streamlining Justice. Such a form of professional collaboration aims to improve Justice as a public service, to continuously promote the reformation and consolidation of Justice in order to meet the reasonable expectations of court users and to protect and safeguard the Fundamental Human Rights.

103-115

Authors: Cristian BRÎNZA

This article analyses if art.333 and art.334 of the Criminal Code of the Republic of Moldova could be applied in situations where: 1) the form required by law for the appointment, election or assignment of an arbitrator elected or appointed to solve a dispute by arbitration, the person administering a commercial, social, or other non-state organisation, the person working for such an organisation or the participant in a sports betting event, was not observed; 2) the duties of an arbitrator elected or appointed to solve a dispute by arbitration, of a person administering a commercial, social, or other non-state organisation, of a person working for such an organization or of a participant in a sports betting event are exercised in fact, not in law. As a result of the analysis of the criminal doctrine, of the criminal and extra-criminal regulations from the legislation of the Republic of Moldova, as well as of the regulations from the criminal laws of other states, it is concluded that the person who exercises in fact, not in law, the duties of an arbitrator elected or appointed to resolve a dispute by arbitration, of a person administering a commercial, social, or other non-state organization, of a person working for such an organisation or of a participant in a sports betting event, is not the subject of the offenses provided for in art.333 CC RM. At the same time, according to art.27 and 334 CC RM, the one who promises, offers or gives, personally or through an intermediary – to a person they consider to exercise in law the duties of an arbitrator elected or appointed to resolve a dispute by arbitration, of a person administering a commercial, social, or other non-state organisation, of a person working for such an organisation or of a participant in a sports betting event, shall be held liable, although, for reasons beyond the control of the bribe-taker, that person exercises in fact the duties - money, securities, other goods, or material advantages in any form, which do not belong to the person whom the briber is trying to bribe, for themselves or for another person, in order to undertake or not to undertake or to delay or to speedup actions being in the exercise of their function or contrary to it or in a sports betting event.

128-132

Authors: Cristina JOSANU

The sensitive area of disciplinary liability of judges demands well-regulated legal procedures and architectures with reference to the Disciplinary Board. The involvement of civil society representatives – university professors of law, full members – in the composition and in the activity of the aforementioned Board has become an inherent exigency of the contem¬porary democratic regime. The creation and the activity of a decisional entity in the concerned area is characterised through a symbiosis of professionalism, transparency and the civic conscience of law professors on the one hand and the professionalism, the independence and the responsibility of judges – members of the Disciplinary Board, on the other hand. Both the structure of the Disciplinary Board and the elaborated procedures ensure a complex and objective examination of the cases – respecting the independence of the judges, at the same time offering a public and trans¬parent character to the proceedings, thus highlighting the involvement of the civil society in the process of self-administration of justice.

143-149

Authors: Nicolae ROMANDAȘ, Olesea COJOCARU

This article aims to examine the issue of the civil servants’ performance evaluation based on the workplace development work. The evaluation of civil servants' performance resulting from the professional development activity at the level of the public administration in the Republic of Moldova emerged as a necessity for the improvement of the internal management system within the public authority, which allows better planning, coordination and organisation of the activity of the civil servant, of the unit/ public authority. That is why it is now absolutely certain that the information gathered during the evaluation can be used by the public authority to identify the factors that have influenced the achievement or failure to achieve the professional development goals of the civil servant aimed at deepening and updating the knowledge and skills development and modelling the attitudes necessary for the civil servant to perform the duties of the office efficiently.

160-166

Authors: Cristina CHIHAI

In this scientific article we aim to highlight the opportunity and adequacy of supplementing the Criminal Code of the Republic of Moldova with art.2411, which criminalises the act of illegal practice of financial activity. Ab initio, we shall state that in accordance with art. 126 para. (2) let. b) of the Constitution of the Republic of Moldova, the state must ensure the freedom of trade and entrepreneurial activity, the protection of fair competition, the creation of a favourable framework for the capitalisation of all factors of production. Thus, in overall, we consider that the existence of an adequate regulatory framework ensures the achievement of a stable and equitable financial, fiscal and economic policy. Therefore, through this approach, we aim at analysing the criminalisation of the act of illegal financial activity in terms of premises, factors and historical-evolutionary context that contributed to the adoption of this rule.

173-178

Authors: Olga CEBAN

Integrity is an essential element of the magistrate's legal capacity and, as a consequence, the criterion that determines the level of trust of society in national justice. It is impossible to manifest the integrity of the magistrate if the system of social guarantees is not promoted and consolidated, i. e. that psychological field of legality called to psychologically influence the magistrates, but also the guarantee of integrity  all being provided by the state. Integrity is a mandatory criterion for both the initial training and the continuing training of the magistrate.

185-197

Authors: Cristina PÎRŢAC

This study presents a comparative analysis of the offenses of forgery in public acts provided in the legislation of the Republic of Moldova in relation to similar provisions in the criminal laws of some foreign states. The comparative investigation focused on the object of the offenses of forgery in public acts. Are pointed out legislative techniques for inserting the offenses of forgery in public acts in the text of the criminal law. Part of the study is dedicated to the analysis of the material/immaterial object and the product of the crime. It is shown that in the conjuncture of the crimes provided in art. 332 CC RM, the false official act cannot appear as material or immaterial object, but only as the product of the crime. From a comparative perspective, in the legislation of some foreign states, not only the authentic acts, but also false official acts may appear as a material or immaterial object of the crimes similar to those laid down in art. 332 CC RM.

207-210

Authors: Dumitru DUMITRAȘCU

The exception of illegality is a means of defence by which the interested party requests the verification of the legality of an administrative act that must be applied to the settlement of a pending case. This mean of defence was introduced into national law by the adoption of the Administrative Litigation Law of 2000. However, with the entry into force of the Administrative Code on 1 April 2019, the possibility of invoking the exception of illegality was excluded in the civil proceeding. The purpose of this study is to examine the usefulness of reintroducing the institution of the exception of illegality into the legislation, given the celerity of the civil proceeding and the legal certainty.

217-222

Authors: Natalia BARGAN

The population census provides valuable information about a country's population, and the data collected are used in the country's demographic and economic development strategies and programmes, being an essential support in planning the government activity and supporting the national statistical system. The users’ need for qualitative and complex data is growing, and they can only be collected in a comprehensive demographic survey such as the population census. For this reason, the research of the methodology for the organisation of this complex statistical work becomes an imperative of time, and the historiographical analysis of the subject allows to conduct a comprehensive research of the problem and to highlight the main scientific trends. Approaching the topic of census through the highlighted political ideologies requires a critical analysis focused on the selection of the objective essence of the evolution of scientific research in the field.

233-238

Authors: Violeta COTILEVICI

The process of Europeanisation of the Republic of Moldova very much depends on the support of the member states of the European Union in stimulating democratic reforms, the rule of law and a viable market economy. Today, France's cooperation with the Republic of Moldova includes two priority objectives, outlined in the Action Plan of the Embassy of France to the Republic of Moldova: to help bringing the country closer to the European Union and to contribute to its economic development and prosperity. Currently, there is a consolidation of the French economic presence on the territory of the Republic of Moldova. Thus, France is one of the largest foreign investors in the Republic of Moldova. Recently, the French authorities have expressed their strong support for the implementation of the reform agenda of the Republic of Moldova and the interest in the political situation and the European course of our country, offering the opportunity to strengthen the Moldovan-French parliamentary diplomacy. The development of solid relations with France, on the one hand, and the French-speaking world, on the other hand, is a way of approaching and even Europeanising the Republic of Moldova. France represents the privileged partner of the Republic of Moldova in developing the capacity to comply with the European standards, namely through this factor of cultural verticality – the Francophonie. It is important to understand that this cannot be a substitute for foreign policy, but it is a specific tool for multilateral and bilateral cooperation. Moldova, through Francophonie, becomes more democratic, more open, more tolerant and has an additional gateway to Europe, another way in which it can be valued and it can reaffirm its commitment to the values it has adhered to and which it declares at the high-level fora.

12-19

Authors: Nicolae SADOVEI

In the context of the crisis triggered by the COVID-19 pandemic, the beneficiaries of health services are forced to resort to various mechanisms to ensure their health, in order to protect themselves from possible contamination with SARS-CoV-2 virus. In this regard, one of the first impediments faced by many citizens of the Republic of Moldova, immediately after the outbreak of the pandemic crisis, was focusing on the quality (status) held by them in the system of compulsory health insurance. It is very important to mention that, regardless of whether they are insured or not in the system of compulsory health insurance, all citizens of the Republic of Moldova are entitled to benefit, in a context of equal treatment, from the provision of all health services related to the treatment of SARS-CoV-2 infection: diagnostic services, treatment services, post-treatment services, as well as other health services.

29-37

Authors: Лилия ГЫРЛА

This article is dedicated to the development of the concepts of insult and slander in the architecture of the Criminal Code and Contravention Code of the Republic of Moldova. From the point of view of the criminal law, the encro-achment ceases to be harmful, as a general legal norm, criminal liability for slander and insult being excluded, the modern criminal law removes these encroachments from the list of criminally punishable mental violence. At the same time, the special norms of slander and insult are kept in the system of the Special Part of the Criminal Code of the Republic of Moldova, being subjected to certain conditions for the occurrence of criminal liability. As a result of the analysis, it was proved that such actions are heterogeneous, randomised and subjective. The offender pretends that their assessment is objective, and not just their own. It is substantiated that the presence or absence of insult is established by taking into account both the objective meaning of the actions committed and the words used by the guilty person in a particular situation, and the victim’s subjective perception. The author formulated conclusions and recommendations in view of improving the current legislation.

46-54

Authors: Dorin POPESCU

The publication is an analysis of the jurisprudence of the Republic of Moldova, of the unified judicial practice, doctrinaire opinions on situations attesting the presence of the aggravating circumstance – “the action committed by two or more persons”, as well as its relationship with the criminal participation. Hence, we conclude that in the national doctrine, a distinction is made between the manner of committing the crime – by two or more persons and the manner of committing the crime by participation. In our opinion, currently, the application of the aggravating qualifying element “the action committed by two or more persons”, creates confusion, because it is not clear whether this aggravating element falls or not within any form of participation. If not, then does this aggravating circumstance constitute a separate way of com¬mitting the crime, qualitatively different than the one of committing the crime by participation? If yes, then what is that form of participation and whether this aggravating circumstance will be retained in the case of complex participation when the objective side of the crime is committed by a single perpetrator? Finally, we express our view that the aggravating circumstance “action committed by two or more persons” is not a separate definition of the plurality of offenders, and therefore, it is not a separate definition of participation, consequently it should be applied considering the forms of criminal participation.

60-66

Authors: Adriana EȘANU, Domnița VIZDOAGĂ

This article examines the correlation between the principle of proportionality and some fundamental principles. In particular, consideration was given to establishing the correlation between the principle of proportionality and the principle of legality, the principle of subsidiarity, the principle of officiality, and the principle of respect for human rights, freedoms and dignity. Following the study, we came to the conclusion that it has connections with all the mentioned principles and that it has a decisive weight when establishing the right balance between the public interest and the private interest.

83-88

Authors: Serghei BRÎNZA, Ion COJOCARI

This article examines the concepts of fundamental values that formed the basis for the formation of the legal object of the crime of organising illegal migration. The article elucidates a first attempt to make a connection between the special legal object of the examined crime and the legal purpose provided in paragraph 2 art. 8 ECHR. The article highlights the conditions under which the status of the victim and of persons receiving international humanitarian protection is determined. Attention is also drawn to the phrases “illegal migrant”, “public security” and “public safety”.

93-98

Authors: Victor SANDU

With the positive evolution of societies and the rule of law, the observance and assurance of fundamental civil rights and freedoms as constitutionally guaranteed supreme values are increasingly called for. In this article we will express the essence and significance of a single right in the sphere of socio-economic rights, namely, “the right to a decent standard of living” and the role of the state in its realisation according to the category of legal subjects.

105-108

Authors: Cristina BANCU

The article focuses on the legal solutions of the legal framework of cross-border insolvency, a complex issue that involves elements of legislative systems and legal instruments both at national and international level. In this study, we researched issues regarding the existing regulatory framework in the Republic of Moldova and the most important analysis being focused on the provisions of the European and international regulatory framework, which demonstrates a tendency to resolve cross-border disputes and conflicts, but which unfortunately do not cope with the globalization trends. The analysis of the European framework that regulates insolvency proceedings in international jurisdiction as well as the estab¬lishment of creditors' defence limits is not always the shield of creditors outside the EU, which in fact, leads to cross-border insolvency conflicts. The continuous expansion of international trade will inevitably lead to the emergence of new cases of insolvency, we cannot overshadow the consequences of the health crisis (COVID-19) in the modern world that inevitably comes with new waves of liquidation of large companies. The author finally comes to the conclusions that can be implemented in both international and national regulations.

116-120

Authors: Iulia BĂNĂRESCU, Anatolie BĂNĂRESCU

The civil action is the application to the court of the person concerned in order to defend their legitimate rights and interests or the interests of other persons, if the law delegates the right to appeal for this purpose. Civil action is the material-legal claim submitted by a person to another to be examined in a certain procedural order.

125-129

Authors: Oleg CALINEAC, Sava MAIMESCU

In this article, the author analyzed the procedure for movement across borders of international postal consignments which seems to be a simple process at first, but quite complicated later. We also analyzed the institutions responsible for collecting and dis¬tri¬buting international postal items. As postal services are in high demand, we considered that this topic is current.

136-139

Authors: Vladimir COJOCARU

The present article draws attention to the fact that the enforcement of custodial sentences needs to be done implicitly from the perspective of the number of places available in prisons for detainees. Therefore, detention institutions and the penitentiary system in general must establish their accommodation capacity not only in terms of the number of places related to a specific footage to be allocated to a person, but also taking into account the legal allocation requirements for detention in their safety. The national legislation contains some necessary elements for estimating a number limit of places per person, however, a clear formula or method of calculation is not regulated. The importance of the correct assessment of the accommodation capacity is determined by the interdependence of this element with other processes that take place in the detention institutions.

152-159

Authors: Aurel Octavian PASAT

The article is a comparative study which aims to identify important determinants of international migration in the European Union, but also outside it, as well as an analysis of the impact of remittances on economic growth/income stability and inequality in Romania and Moldova between 1990-2018. The emphasis is on the fact that there is a relationship of influence between migration flows from countries of origin and recipient countries, focusing on migrant flows and stocks.

168-176

Authors: Cristina PAPANAGA

Among the scientists who contributed to the study of scientific research conducted abroad regarding the unity and plurality of money laundering crimes are: V.Stati, S.Brînza, C.Bogdan, A.M. Coț, A.Stan, A.Fanu-Moca, T.Rudaia, P.S. Gorodnitski, A.O. Svidenko, O.V. Homici, M.V. Lupîri, D.Lupașcu, M.Mareș. These authors’ works (in chro¬no¬lo¬gical order) include the theoretical basis of the investigation, which provided a more detailed analysis of the general and special legal and criminal aspects of the forms of unity and plurality of money laundering offenses, as well as practical solutions to the qualification of the forms of money laundering deeds, provided in article 243 of the Criminal Code of the Republic of Moldova. This study aims to complete the scientific work previously performed in the field which identifies new issues, specific to the current stage of development of socio-economic relations in the rule of law.

189-194

Authors: Oleg CALINEAC

In this article, the author analysed the economic crimes committed through international postal items, because the eco-nomic activity violating the legal framework directly affects the country's economy. That's why the state must apply criminal sanctions to people who violate the customs law.

200-203

Authors: Ion CARAMAN

Res judicata is a complex legal phenomenon, whose purpose is to strengthen and ensure the stability of the court decision. Consequently, the legal relations and legal circumstances established by the court acquire stability and certainty. In this article, res judicata of the court decision regarding the declaration of a person as missing or deceased, is being analysed ensuing from the particulars of the procedure of cancellation of such a decision.

212-219

Authors: Ion COJOCARI, Daniel JÎMBEI, Cristin GHEMU

This article elucidates the factual ways of committing the crime of organisation of illegal migration. The article provides an illustration of the circumstances in which the prejudicial act of the offense under examination differs from other related criminal acts. It was found that the organisation of the crime must be committed by the perpetrator, and not by the accomplice. The factual modalities of entry, exit, stay or transit of the territory of the Republic of Moldova is examined in a com¬parative aspect, considering the legislation of the European Union and other states, which regulate similar prejudicial actions. The article tries to relate the mechanism of criminal liability of the perpetrator to the international standards to which the Republic of Moldova is a party.

230-240

Authors: Victoria MUNTEANU

This scientific message aims at the multidisciplinary analysis of the phenomenon of tax evasion from the point of view of the Criminal Policy of the Italian Republic proliferated in the analysis of criminal legislation, extra-criminal (fiscal, administrative, banking, commercial, etc.), as well as in criminological research to prevent various forms of tax evasion. Subjects to tax evasion who go unpunished contribute to the escalation of this criminal phenomenon. If all taxpayers were released from the risk of evasion penalties, the number of tax evasions would increase. In the case of an equal tax regime for all, a high probability of being discovered and subjected to sanctions, leads to a reduction of these actions. The Italian legislature introduces restrictions on the movement of cash, as cash, being easy to circulate, is one of the most widely used methods of implementing evasive phenomena and is part of the underground economy. Therefore, the Italian Government, in order to reduce tax evasion, set the cash payment limit. Another measure to encourage the use of electronic means of payment for commercial activities, art or profession, the possibility of paying by credit or debit card, or prepaid a tax credit of 30 percent of commissions. An additional support measure is to extend the deadline for submitting the income tax return.

250-258

Authors: Igor BUCATARU

This article addresses an important topic for the electoral processes in the world, as well as for those in the Republic of Moldova. Electronic voting technologies started being implemented especially in the 21st century. In the conditions of the pandemic, the subject became even more important. For the Republic of Moldova, the mechanism of online voting is discussed in particular in the context of ensuring the right to vote for citizens voting abroad. The author draws attention both to the positive aspects and to the possible risks, specifically from the perspective of election observation.

266-274

Authors: Veronica ROTARU, Irina NICOLAESCU

Risks and threats to international security contribute to the assertion of new peaceful methods of coexistence and cooperation of states and, in this context, the role of soft power increases unconditionally. This is a measure of achieving advantageous results, relying on conviction, voluntary participation, sympathy and attraction. In this article, we will examine the role and importance of US soft power tools in shaping state’s positive external image in its relations with the Republic of Moldova.

281-288

Authors: Sergiu OCERETNÎI

The development of the social work system cannot be seen outside the development and implementation of supervision. The research dedicated to supervision in social work highlights a special attention paid to it since the 19th century. However, the scientific interest and the strengthening of the role of supervision in the professionalisation of social workers is registered in the 20th century, with established tasks and role. The article analyses some conceptions regarding the development of supervision stages. At the same time, aspects of the establishment of supervision in Romania, Latvia and the Republic of Moldova are presented, establishing the role of civil society and academia in this process.