Studia Universitatis Moldaviae. Stiinte Sociale

17-24

Authors: Elena ARAMĂ, Oxana CHISARI – LUNGU

After the annexation of Bessarabia in 1812, the Tsar of the Russian Empire promised the native population to preserve the local laws and customs, but this promise was gradually meaningless. The way of implementing of local laws resulted in extremely confusing jurisprudence, and the Tsar's refusal to approve civil code projects multiplied the archaic aspects of Bessarabian legal life and proved the intention of tsarism to limit or even annihilate the Romanian spirit of Bessarabian local laws and to keep at the distance the Bessarabian Romanians from the other Romanians.

37-44

Authors: Mihaela BOTNARENCO

The article approaches the contemporary sense of the principle of legality of incrimination and punishment versus its classic meaning. In this manner, it is analyzed the compatibility of the framework norms (reference provisions) with the principle of legality. These provisions complement their content with the stipulations of a normative act with the legal force inferior to the law. The influence of the international and European law on the national criminal law is addressed in a tangential way. It is specified that in the interpretation of the European Convention on Human Rights, the notion of law has a broader meaning than the formal meaning considered in the national law. It is highlighted that the legislator himself ignores the principle of legality of incrimination and punishment by a deficient wording of some provisions.

52-56

Authors: Stela BOTNARU, Tudor JALBĂ

The article contains the description of the signs on the objective side of the offense of violation of the rules of labor protection, the topicality and the applicability of the norm provided by art.183 of the Criminal Code. The research highlights the shortcomings that are encountered in practice when the criminal-legal classification of the criminal acts of committing the named crime, in this context solutions for their removal, as well as lex ferenda proposals being proposed.

61-68

Authors: Mariana GRAMA, Olesea PANCHIV

The result of the interaction of several minds can be an extraordinary one. But the question lies in: is it extraordinary in the good or the bad sense? If the minds that come together are criminal, it is obvious that the result can only be a disastrous one. There is no doubt that the outcome of their contact at an intellectual and volitional level represents a much greater danger for the values and social relations defended by the criminal law in comparison with the same deeds committed by a single person. Looking for an answer, we decided to examine the concept of “criminal crowd” from the perspective of crowd psychology and collective psychology, referring it to the norms contained in the General Part of the Criminal Code of the Republic of Moldova, especially the ones regarding some forms of participation, but also to some norms from the Special Part.

77-84

Authors: Natalia CHIBAC, Veronica POZNEACOVA

This article is a study dedicated to the nature of the right to education, the importance of this right and its position within the natural and inalienable rights of man through the prism of national and international regulations. The purpose of this article is to determine the impact of declaring a state of emergency on the right to education and to detect possible violations of this right.

96-111

Authors: Drăgălin PĂDURE, Lilia GÎRLA

In the realm of this article there have been synthesized the most recent conclusions of the legal drafting methodology rules in the matter of legal norms revision and adaption. The author has selected the most progressive opinions of the Criminal Law and has emphasized the most advanced views comprehended by the author as the basic principles in the application of the Criminal Law in time. A condition for a correct comprehension and application of the Criminal Law is considered to be clearness and accessibility of its norms. The mandatory force of the Criminal Law persists only during the period when it is active, from the moment of entering into force up to its loss of validity which coincides to the obligation of submission to Criminal Law. At the same time, in order to ensure the reasonableness of research the authors have performed an analysis of contemporary doctrine in the sphere of Substantive Criminal Law. As a result, there have been formulated several conclusions deemed to clarify the legal nature of application of criminal law in time.

122-133

Authors: Iulia BANARESCU

This article takes a synthetic approach to analyze the historical and legal connotations of testamentary inheritance in the National law. The templates for these connotations were the Testamentary succession coordinates from the Roman Private Law, in order to make sense of the inheritance and the Testamentary succession development in the region of Romania, including Bessarabia (between 1918-1940) and the Moldavian SSR (between 1924-1940). The Testamentary succession in the Moldavian SSR between the years of 1940-1941 and 1944-1991 and in the Republic of Moldova, dating from 12.06.2003 to present day was of great interest to the study as well. It is argued that, although within the Civil law the collocation of Testamentary inheritance is considered a static entity that over time remained pretty much sturdy, lately it did become obvious that in the Republic of Moldova the changes made to the Civil Code gives Testamentary inheritance a new shape. In this context, after dropping a series of straight regulations from the old Civil code for more detailed ones, there was determined that it is of great importance to carry out extra studies in order to establish the framework and the applicability of the new provisions.

138-151

Authors: Cristian BRÎNZA

At the beginning the study underlines the scope of the problem by coming forward with a definition to the collocation of “mediating the commission of a crime”. A definition that puts great incentive towards forward characherization of the two derivatives forms of mediating the act of receiving and giving a bribe, which are: mediating intellectually the act of receiving and giving a bribe; mediating physically the act of receiving a bribe and giving a bribe. As a result, it is determined the moment of consumption for mediating the act of receiving and giving a bribe for each of these forms. There is also analyzed the circumstance of partial completion of the intention determined by a plurality of mediators. As an aftermath, it is mentioned that if, for reasons independent of the will of one of the mediators, the bribed person did not enter into the possession of the illicit remuneration, this act will be considered as an attempt to mediate the act of receiving a bribe and giving a bribe. It is argued that the mediator of an act of giving a bribe is not a part of the objective side of the act in question, and the mediator of an act of receiving a bribe is not a part of the objective side of the same act as well. The main conclusion is that the mediator cannot be held liable under the provisions of par.(5) art.42, art.333 or art.334 PC RM for giving away the material (immaterial) object of the act of receiving a bribe and the act of giving a bribe. The complicity forms set out in par.(5) art.42 PC RM are considered sufficient and exhaustive. Any attempt to arbitrarily expand this list or to extensively negatively interpret the collocation of „obstacle elimination”, which is a complicity form of the crime, must be ruled out as unlawful. It is considered absolutely necessary to supplement par.(5) art.42 PC RM so it would include the mediator giving away the material (immaterial) object of the act of receiving a bribe and the act of giving a bribe.

159-162

Authors: Igor HŁOPEŢCHI

The fulfillment of the criminal act is the most important element of the crime, without does not determine the consummation of the crime. As such, the time limit for criminal responsibility does not start to run. The prescription of crime constitutes a sanction for the repressive apparatus of the state, that has not shown the diligence necessary for the complete act of justice and at the same time, a benefit granted by the legislator to the person who committed an antisocial fact, if with the passing of time he never violated the order right. However, the law prescribes a specific time within which an offender may be prosecuted for the crimes committed, or the prescription of crime appears as an institution of general application for the care of the functioning always obligatory to be invoked and applied ex officio.

169-176

Authors: Eduard CALMAȚUI

This article is dedicated to the analysis of the subjective side of the crime provided in art.220 of the Criminal Code of the Republic of Moldova. As a result of this analysis, it is concluded that pimping is committed only with direct intent. The purpose of the examined crime is considered practicing the prostitution by another person. The “material interest” most often evolves as a reason for pimping. Inter alia, it is shown that the lack of the phrase “knowingly” in the context of the aggravating circumstance specified in paragraph (2) letter b) of art.220 of the Criminal Code of the Republic of Moldova is likely to generate an unfavorable extensive interpretation.

186-194

Authors: Roman EREMCIUC

This scientific article does not simply criticize the existing Criminal Law of the Republic of Moldova. More importantly, it explores and connects Criminal Law concepts and doctrines that have heretofore received relatively superficial, and disconnected, attention. Although the Criminal Law literature hardly has neglected the topics of mistake and doubt, it has neither fully explored their symmetries and asymmetries, which, unlike traditional analysis, permits us to dig deeply into different levels of culpability. In our opinion, a legislature or court might carefully specify which types of mistakes and ignorance are relevant to criminal liability for every separate crime.

198-207

Authors: Dorel VELENCIUC

This scientific article is dedicated to exculpatory defences in Substantive Criminal Law. In order to obtain the definite purpose, the author concentrated on the positive experience of Romanian Criminal Law, international regulations, as well as the common law system. A special place in the realm of this study has been occupied by classification of exculpatory defences. As a result, there were strongly recommended several conclusions and proposals to be operated in Criminal Law of the Republic of Moldova.

215-223

Authors: Radu COTOROBAI

This article represents a broad analysis of the peculiarities and perspectives of the implementation of the electronic procedures at the stage of initiating the civil process, in the light of the amendments and additions to the Code of Civil Procedure, adopted by the Parliament of the Republic of Moldova through the Project of Simplification of CCP, art.6 §1 of the ECHR as regards free access to justice and similar practice and legal provisions in other legal systems as regards the submission of applications to the court in electronic format with the formulation and delivery of a series of recommendations.

228-249

Authors: Costică MOȚOC

This article is dedicated to identification of some aspects concerning penal legal protection of professional secret in Criminal Law of Romania and Republic of Moldova by means of an empirical study which consisted in sociological interview. The author began from the hypothesis according to which the professional secret is a derivative one and being a superstructure over the private secret doesn’t overlap with it, at the same time concentration on protection of the private interest becomes an indispensable feature of professional secret. As a result, the penal legal protection of inviolability of private life doesn’t cover the penal protection of professional secret. The author observes that the modern legal science applies the concept of professional secret in infrequent cases. As a result of empirical research, the author suggested several proposals of lege ferenda in order to improve the Romanian and Moldavian penal law.

257-265

Authors: Maria PÎSLARUC

The purpose of this article is to analyze the decisions of European Court of Human Rights in order to point out a set of benchmarks and limitations on the person’s private life when he/she is at workplace. Maintaining the balance between the interests of the employer and those of the employee is an ongoing effort, which the parties must keep throughout the duration of the employment relationship. Considering the evolution of social and legal employment relationships, it can be seen that the employee retains the human right to private life when he or she is at work and outside the workplace, or it is unimaginable that this right would disappear completely when the employee carries out the duties of job. In order to ensure respect for the privacy of persons, the State may have negative or positive obligations, the expression of which is found in the national normative acts, depending on the status of the subjects involved in legal relations. In this context, the analysis of the evolution of the employee's right to privacy has practical utility, which will help to avoid disproportionate abuses either by employer or by employee.

278-287

Authors: Radu PROCOPCIUC

In this study a comparative legal-criminal analysis of the crimes of transmission of a venereal disease and of infection with AIDS disease is performed. The criminal laws of some foreign states in this matter are studied. The positive aspects of the criminalization norms in the criminal laws of the foreign states subject to analysis are highlighted. Consequently some proposals to improve the incriminating framework provided in art.211 and 212 of the Criminal Code of the Republic of Moldova are formulated.

292-299

Authors: Tatiana MIHAILOV

The concept of atypical work, is becoming more and more studied in the last decades, the doctrinaires trying to define it, to give a classification of the atypical forms of work and make proposals with a view to improving the labor legislation or creating a new mechanism of legal regulation of some forms of atypical work which is currently outside the legal framework.

305-308

Authors: Stela BOTNARU, Gheorghe POPA

The domicile is the space of freedom in which a person spends most of his private and family life and whose protection is indispensable in a democratic society. The article contains the legal-criminal analysis of the aggravating circumstance specified in art. 179 paragraph 2 of the Criminal Code  “the illegal entry or stay in the domicile or residence of a person with the application of violence or with the threat of its application”. The research is a study carried out in order to consolidate the criminal matter that helps to frame and delimit the respective aggravating circumstance from the other aggravating factors specified in art. 77 Criminal Code and other related offenses. The aim of the work is to deepen the concept of law enforcement which provides for liability for the crime of home invasion given that the encouragement and promotion of respect for human rights and fundamental freedoms are characteristics of emerging democracy in the Republic of Moldova.

318-332

Authors: Aнатолий ТКАЧ

The article analyzes the factors that determine the foreign policy of the Republic of Moldova as a whole, and bilateral relations with the Russian Federation at the present stage of development of the external contours of the system of international relations, in particular, among which: structural transformation of the system of international relations; geopolitical competition between the European Union and the Eurasian Economic Union; new geopolitical landscape. The influence of external factors determines the format of the internal contours, including internal factors of influence on the potential and development prospects of the strategic nature of the Moldovan-Russian relations. In this context, the author analyzes the functional aspects of the strategic partnership between the Republic of Moldova and the Russian Federation in modern realities.

15-21

Authors: Yevgine VARDANYAN

Nearly all countries, differing greatly in their economic, social and cultural circumstances, have introduced social protection systems, which deal with the management of social risks and existing social problems. Armenia is not an exception. The contemporary social protection system of Armenia was established in the Post-Soviet period. It has its main structural and functional features. The article is aimed at analyzing those features and revealing the main reasons for them. Particularly, it is directed towards studying structural components of the social protection system in Armenia and examining the functional features in the scope of prevention/intervention activities.

26-36

Authors: Anastasia OCERETNÎI

Demographic and labor market changes have determined the need to think about and conceptualize new ways to increase the attractiveness of the labor market and to balance work and family life. One of these mechanisms applied at international level is flexicurity. In 2019, at the European level, there was established by adopting some directives, the need to regulate in the national laws the flexible work program formulas, which are to be functional by 2022. The purpose of the study is to establish the ways and mechanisms applied at the international level to make the working programs more flexible, in order to identify the benefits and risks that they entail for employees, employers and society. At the same time, the author analyzes the results of a pilot study conducted in 2019, in order to determine the employers' options regarding the flexible work arrangements.

43-52

Authors: Maria GUGULAN

The media convergence is a phenomenon that recently occurred in the local media. The first step towards convergence – the development of online environment – was made in ‘2000, when the information technologies entered the circuit and the Internet extended on the media market. The first forms of convergence have occurred only in 2010, when the press holdings Jurnal Trust Media and General Media Grup SRL were launched. Although we may already speak about a certain level of media convergence in the local mass media, the various collaborations between press institutions aims mainly at the personal interests of their owners of financiers, who, usually, come from political or business field and have the purpose to manipulate or to get certain benefits. From this prospect, the phenomenon of convergence identifies with another phenomenon, known at national and world level – the concentration of media property, limiting the pluralism of opinions and weakening the quality of journalist content.

60-66

Authors: Maria GUGULAN

The phenomenon of convergence is a relatively new one for journalism in the Republic of Moldova. However, some of the local media institutions have already implemented some specific practices for media convergence. The most conclusive example in this regard is the holding company General Media Group, which includes the television stations Publika TV, Canal 2, Canal 3 and Prime TV, as well as the radio station Publika FM, which retransmits the entire media content broadcast by Publika TV. The media content broadcast by the four TV channels is produced in the same newsroom – the converged newsroom - as a result of a close collaboration between the journalists of these media institutions. The journalistic materials are adapted or taken over and disseminated identically to all four television channels, which results in the uniformity of the media content and the diminution of the diversity of opinions. Or, for the realization of the reports broadcast on all the mentioned TV channels, only one journalist goes to the field. Therefore, the protagonists of the media products are the same on all channels.

77-91

Authors: MURDER COMMITTED WITH THE PURPOSE TO REMOVE AND/OR USE OR TRADE THE VICTIM’S ORGANS OR TISSUES: A CRIMINAL LAW ANALYSIS

It is considered appropriate to aggravate the liability for murder committed with the purpose to remove and/or use or trade the victim's organs or tissues. The lack of practical application of lett.n) par.(2) art.145 PC RM does not make this rule obsolete. Its utility is not determined exclusively in terms of practise. The considerable latency of murder committed within the margins of the aggravation in question implies that the commission of this crime is at any time possible. The liability for the crime stipulated at lett.n) par.(2) art.145 PC RM has mainly preventive connotations, which is in compliance with the principle of par.(2) art.2 PC RM. A victim of the crime mentioned at lett.n) par.(2) art.145 PC RM is the person whose organs or tissues are expected to be removed, used or traded. Within the meaning of lett.n) par.(2) art.145 PC RM, the murder committed with the purpose to remove and/or use or trade the victim’s organs or tissues, is carried out by the person who: realizes the detrimental nature of his/her own action or inaction of illegal deprivation of life of the victim; foresees the victim’s death; consciously desires or admits the death of the victim. When the purpose of the crime referred to at lett.n) par.(2) art.145 PC RM does not include the transplant of the victim’s organs or tissues, the subject of the crime can be any person (not exclusively a medical worker) who meets the conditions listed at art.21 PC RM. The application of lett.n) par.(2) art.145 PC RM is still possible even if the same person committed the murder and subsequently removed, used or traded the victim’s organs or tissues.

104-110

Authors: Elena BELEI

The problem of the contractual representatives’ authorizations during civil proceedings has always led to controversial discussions in practice. Even though it seems to be simple and clear, art. 81 of Civil Code of Procedure causes a kind of discomfort for citizens seeking justice, which is the reason to look for possibilities of overcoming this situation. Making use of rules of substantive law with the intention to avoid procedural rigors does not represent a welcomed tendency (as, for exemple in art. 370 of Civil Code). However, the legislator of the Republic of Moldova could look for a solution with the purpose of legislating the way to ratify the procedure acts carried out by representatives without authorizations. The judicial practice also needs changing as to avoid the temptation to substitute proceedings rules through rules of substantive law.

121-133

Authors: Stanislav COPEŢCHI

The institution of entrapment is analyzed in this study. The criteria for delimiting the entrapment by the mitigating circumstance stipulated in letter g) paragraph (1) art.76 PC RM (the illegality or immorality of the victim’s actions if such were the reason for the crime), are established. The characteristics of the entrapment are identified. The legal-criminal assessment is given to the act committed under entrapment. It is concluded that the provoked person should not be held criminally liable for the committed crime. At the same time, the necessity of introducing a new article in the Special Part of the Criminal Code that incriminates the entrapment is argued.

139-151

Authors: Costică MOȚOC, Lilia GÎRLA

The basic purpose of this article consists in the detailed penal analysis of objective signs of the criminal offences provided in the articles 178, 259, 2601, 2602 Criminal code of the Republic of Moldova. The main task is considered to be the investigation of the relevant penal protection of professional secret in the Criminal Law of the Republic of Moldova. There have been researched the following sources: special scientific literature; national regulations as well as international treaties in the matter of confidential data protection. A special place is taken by the judicial practice. More than it, in the realm of this article the necessity for the further updating has been discussed, as a result, several amendments were proposed for the future improvement of the Criminal Law.

157-161

Authors: Igor HŁOPEŢCHI, Adrian TĂBÎRȚĂ

In a democratic society the judge may not enjoy an absolute immunity, there emerges the issue of conditions and ways for a judge to be held liable. Therefore, there shall be noted that although European standards allow for judges' criminal liability in performing their judicial duties, the threshold is quite high. In this regard, under international standards on independence of judges, the duty performed by a judge in interpreting the law, examining evidence and assessing facts when solving cases, shall not give rise to civil, criminal or disciplinary liability of the judge, save for cases involving bad faith, intentional guilt or proved gross negligence.

170-176

Authors: Iulia BĂNĂRESCU

This study represents an analytical approach to the right of inheritance by means of determining the evolution of succession law, generally described by three doctrine categories: 1) the family or the deceased, beyond his death; 2) the presumed favour of the deceased to society; 3) the right to destroy – jus abutendi. With a focus on the Testamentary succession, there was established that since ancient times there have been raised questions both in doctrine and in jurisprudence with regard to the procedure of ensuring the transmission of patrimony after the person’s death to one or more living persons. The right of inheritance is of irrefutable value to the civil law system. Within this study there is analyzed a great share of the research efforts carried out in this field. Per general opinion, it was established that the right of inheritance originates in the right of a person to dispose of his or her goods through legal documentation in case of his or her death.

184-197

Authors: Cristian BRÎNZA

It is inadmissible to resort to illegal and immoral methods in order to combat crime. Starting from this premise, this article made significant strides in establishing the content of the main collocation of “provoking the comission of an act provided by the criminal law” and the content of the subsequent collocation of “challenging the act of receiving or giving bribes”. Also, this study successfully examined both these situations from the perspective of de lege lata and de lege ferenda. Accordingly, it is argued that provoking the comission of an act provided by the criminal law is an institution of its own, different from the institution of participation. To consolidate this idea, there was formulated the definition of the collocation of “provoking the comission of an act provided by the criminal law”, namely: it is the act of initiation by the provocateur towards the commission of a crime that will be imputed to the challenged person who, before getting in contact with the provocateur, was not predisposed to commit the crime in question, provided that the challenged person was not aware of the fact that the provocateur initiated the commission of the crime only to create an appearance, a misrepresentation, looking to put the entire blame on the provoked person, and by that affecting his or her interests. In this regard, there was recommended to supplement Chapter III of the General Part of the Penal Code with new provisions on the circumstance of provoking the comission of an act provided by the criminal law, accounted as a motive that negates the criminal character of the act. Also, there was recommended to supplement Chapter XIV of the Special Part of the Penal Code with an article that would apply criminal liability for provoking the comission of an act provided by the criminal law.

204-208

Authors: Ruslan DELEANU

The regain of Romanian citizenship by citizens of the Republic of Moldova and Ukraine has seen a gradual improvement of the legislative framework. The Romanian state's policy of granting Romanian citizenship to Moldovan and Ukrainian citizens created regional tensions over various periods of time, and the period for resolving a request for regaining Romanian citizenship has increased from several months between 1991-2001 to about two or three years at the moment. If between 2001 and 2007 the procedure for regaining the Romanian citizenship was almost blocked, after Romania's accession to the European Union and NATO this procedure will experience considerable improvement, in particular I refer to legislative changes occurring in 2010 on the law of Romanian citizenship, which fundamentally redefine the right to regain the Romanian citizenship and reorganize from the ground up the administrative institutional apparatus that oversees its implementation. The only current challenge in the field of regaining Romanian citizenship is the excessively long term for analysing/resolving such a request.

217-235

Authors: Drăgălin PĂDURE

As a general rule, criminal law applies to all offenses committed while it is in force (the principle of criminal law activity). This principle is inextricably linked to that of legality, which is a characteristic of the rule of law. By many novelty elements that are brought, they represent a challenge for law professionals and not only. The entering into force of the Criminal Code and the separate legal norms inside, it had as immediate effect the problem of determination of the more favorable criminal law. The mandatory force of the Criminal law persists only during the period when it is active, from the moment of entering into force up to its loss of validity which coincide to the obligation of submission to Criminal law. As a result, there have been formulated several conclusions deemed to clarify the legal nature of application of criminal law in time

244-252

Authors: Adrian CREŢU

This publication is devoted to the analysis of the cognitive aspects of the notion, relevance and degree of study in the specialized literature of international financial leasing as an institution and common legal norm of several branches of private law. The investigation continues with the analysis of the national, European and international legal regulations the juridical practice and the doctrinal fund regarding the leasing institution studied under the rules of international commercial law. It is demonstrated that the international financial leasing institution belongs to the scientific profile: private, specialty 553.06.  International and European Private Law and the legal system of the Republic of Moldova, and other branches of national law, thus gaining an interdisciplinary character.

261-268

Authors: Carolina BUDURINA–GOREACII

The geopolitical stakes of the Black Sea region in the last decade have increased significantly, especially as a result of the events that caused the great European powers to turn their eyes to this space. While many assemble this area with the territory adjacent to the Caspian Sea, including the Southern Caucasus, the Black Sea area has much work to do. We say this because its consistency is too inhomogeneous to convey a unique, clear and representative message; the states are too different and have national goals that are sometimes opposed; resources are unevenly distributed for this region, and this does not bring states closer to cooperation, but rather rivals them. In this context, the present article aims to analyze the interest of the Russian Federation, Turkey, Ukraine, Romania, Georgia and Bulgaria on the energy factor in the Black Sea region. At the same time, we want to analyze the influence of energy resources on the foreign policy directions of these states, the problems they are facing at the current stage, but also to design some action perspectives for the future.

276-284

Authors: Анатолий ТКАЧ

The article analyzes the fundamentals of Swiss national identity: federalism, neutrality, and direct democracy. The Swiss identity model is unique in its kind and differs in its nature and the set of values with which Swiss citizens identify themselves with the national identity models of the European Union countries. The peculiarity of the Swiss model of national identity maintains a stable level of Euroskepticism in Swiss society and determines the special relations between Switzerland and the European Union. The experience of Switzerland in the formation and protection of national identity can become a model for strengthening national identity in the Republic of Moldova in the context of the European integration process.

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.