Studia Universitatis Moldaviae. Stiinte Sociale

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.