Studia Universitatis Moldaviae. Stiinte Sociale

3-13

Authors: Sergiu BRÎNZA, Vitalie STATI

The purpose of this article is to analyze the effects of the adoption of Law No.201/2016, Law No.83/2017, Law No.119/2017, Law No.141/2017 and Law No.164/2017 on certain rules from the Special part of the Penal Code. It is concluded that the changes, made by Law No.201/2016 to the Special part of the Penal Code are justified. Firstly, these changes are in line with the rule set out at lett.e) art.19 of Law No.780/2001, as well as at lett.c) par.(1) art.54 of Law No.100/2017. Secondly, the phrase “physical or mental disability” (which was used before the entry into force of Law No.201/2016), associated with the term “disabled”, may have stigmatizing connotations. Such terms and phrases should not be used in the Penal Code. In another context, it is considered opportune to complete the Penal Code with art.2012, par.(21) art.2791 and art.2793. The adoption of these new rules will contribute to the more effective protection of the social relations regarding the development of the minor and respectively, the social relations regarding the prevention of terrorism-related activities. In this study for the first time are analyzed the constitutive elements of the offences stipulated in art.2012, par.(21) art.2791 and art.2793 PC RM. In the final part of this investigation, there is analyzed the conflict between Law No.141/2017 and Law No.164/2017, generated in this case by the legislator's inadvertence. Resolving this conflict involves the following solution: it is not Law No.141/2017, but Law No.164/2017 that has produced its effects on par.(2) art.248 and par.(1) art.2641 PC RM.

22-29

Authors: Mihail GHEORGHIȚĂ, Florin Ilie LICĂ

It is known that the investigation of criminal facts, tax evasion included, is always highly situational. Criminal pro-secution appears as a set of real conditions and situations in which law enforcement authorities act at a particular point of specific case investigation. These conditions and circumstances are determined by a set of objective and subjective factors that exercise or are capable to exercise essential influence on the direction, path and outcome of the investigation.

35-44

Authors: Andrei NEGRU, Oleg CHICU

The term responsibility is one of the most significant words in the field of justice and law and is largely researched in legal doctrine. A great number of definitions and explications of the mentioned term given by specialists in law are examined in the present paper, the aim pursued being to emphasize the differences between responsibility in the meaning of accountability (as an obligation to answer for an act done and to repair any injury it may have caused) and the responsibility in the meaning of conscious and assumed attitude towards a lawful activity. The first one is specific to the realization of imperative legal norms (mainly found in public law) and the second one – for the realization of permissive legal norms (mainly found in private law). In the latter case the private subjects’ initiative is decisive. The scientific approaches in the present work are not limited in enumerating relevant definitions given by autochthon and foreign authors but also represent a complex investigation of the concept of legal liability, by different methods: the analysis, the synthesis, the logics, the comparative and the systemic methods. In such a manner the authors propose their own definitions and submit the most important characteristics of legal accountability, the principles specific to this legal category and elaborate original conclusions, based on theoretical and practical issues and on own argued appreciations.

51-64

Authors: Лилия ГЫРЛА

The subject of the present research is systematization of the psychological portrait of the person who commits religiously conditioned crimes in the realm of criminological prevention and prognosis. The purpose of this scientific article is the definition of theoretical basis of well-timed criminological prevention and prognosis of religious criminality by means of psychological peculiarities of the person who is involved in some destructive religious cults and who com-mits criminal offences and other social dangerous acts because of this reason. There has been analyzed the personality of the religious offender as well as there have been concretized methods of religious crimes prevention on the micro-social level. Conclusions which have been formulated as a result of the research will contribute to the correct comprehension of motivation of the criminal offenders as well as other persons who commit harmful acts because of religious reasons.

74-79

Authors: Natalia ZAMFIR

This article aims to analyses the gaps of existing legislation, procedures, institutional system, the competence and responsibilities of the bodies in compliance with regulatory EU Directives in the area of managing air quality. The new Law on ambient air quality would facilitate strengthening legal regulation in the area through special provisions in the following aspects: to approve the list of zones and agglomerations throughout territory; to approve of measurement systems and ensure the accuracy of measurements for human health and environment protection; to establish the methods for managing air quality; to fortificate and improve the branch of legislative framework.

92-96

Authors: Edgar ROTUNDU

According to the Strategic Program for Modernization of Technological Governance (e-transformation), by 2020 the government will become more transparent, more efficient and more receptive due to intelligent investments in information technologies and their massive use in the public sector. Therefore, lately, an increasing emphasis is placed on the electronic procedure for customs clearance of goods and for information processing of the customs declaration.

110-120

Authors: Rodica BERDILO

Within this article, the author goes to great lengths to examine the concept of “acts of violence”, mentioned in art.146 PC RM, considering the following aspects: 1) the form of behavior – active or passive – of the victim that resorts to acts of violence; 2) the physical or psychological character of such violence; 3) the victim's psychological attitude to¬wards the committed acts of violence; 4) the (ill) legality of such acts, etc. In the context of the offence provided by art.146 PC RM, the victim’s acts of violence are achieved only through action and such violence can only have a physical character. The victim's psychological attitude towards the committed acts of violence, with regard to the offence stipu¬lated in art.146 PC RM, can only be described as direct intention. It is imperative that the victim’s acts of violence in the context of the offence in question must be illegal. The concept of “acts of violence”, mentioned in art.146 PC RM, involves more than just criminal violence. We cannot exclude the hypothesis of murder committed in a state of affection during an altercation (skirmish). The illegality of the victim's acts of violence, regarded as an obligatory condition for the application of art.146 PC RM, is relevant only if there is compelling evidence of the factual error, given that, the presence of this condition dictates the existence of the offence set forth in art.146 PC RM.

127-133

Authors: Serghei PALMA

The prescription period represents an important factor which should be highlighted in the process of analyzing deliberate insolvency crimes and fictitious insolvency crimes. The expiration of the prescription period as consequence of the omission of the prejudicial act and, namely, prosecution and trial of the perpetrator in the established period of time by the penal law, leads to the release of the person from the criminal liability. From these perspectives, sustained efforts are required to simplify the procedure and to determine the important moments which should be brought under the spotlight in the process of criminal prosecution and trial of the causes of deliberate insolvency crimes and fictitious insolvency crimes. Identifying the grounds that lead to the expiration of the prescription period, and gradually to the omission of the criminal liability, represents an important element for putting the guilty persons under the law and for defending the creditors’ rights involved in the process of insolvency.

142-148

Authors: Sergiu DODON

In doctrine, especially in judicial practice, one of the most complicated and tender problems is the way of repairing the moral or non-patrimonial damages caused by illicit deeds. Really, the admissibility of these damages and especially the ways to repair them now is one of the most difficult problem not only for legislator, but also for theorists and practi-tio¬ners. More than that, the current issue of repairing the moral damages caused by car accidents is also felt. To mention that in this sense, there exists a rich but still a contradictory jurisprudence created in recent years, through the development of the civil liability insurance system for damages caused by car accidents and with the evolution of the insurance legislation in the same field.

155-159

Authors: Serghei RUSU

Conflicts of laws as a key element of Private International Law impose the need to permanently determine the law that is applicable to the institutions of this branch of law. In private international law the law applicable to the assets is lex rei sitae. Determination of the law applicable to the assets is important for regulating the legal relationships with foreign element, or, depending on the law applicable to the assets, the content of the possession, property and other real rights over movable and immovable property, the realization and the protection of these rights are determined. Also, it is important to establish the scope and the limits of application of the lex rei sitae, which determines the elements of the real status and matters that are not governed by the law of the situation of assets.

171-175

Authors: Olesea MOISEEV

The quintessence of public information is marked by the complexity and increasing variety of the information requirements of society. Contemporary research discovers information as a dimension of existence and as an important resource of thinking, acting and implicitly of social life. The value of information can increase due to the organization of an effective information activity through which the message sent will reach the public in an operative and qualitative (undistorted) way. The involvement of the library in this process streamlines the organization of information and communication activities, raises the level of quality of the public information resources allocation and usage, facilitates and extends access to information of public interest. Thus, through their competencies, libraries can effectively contribute to reducing the crisis of access to public information serving as an alternative to the public information process. Valorizing the culture of access to public information would mobilize and catalyze social existence and competence.

181-189

Authors: Темель КАРААСЛАН

In article analyzes the main trends of the development of mass media and media education movement in the Republic of Moldova. Also the characteristic of the known non-governmental organizations leading Moldovan journalists and media ex¬perts are given. The main attention is paid to the problem of media education and media enlightenment in the Moldovan society.

197-208

Authors: Анатолий ТКАЧ

In the modern history of bilateral relations of the Republic of Moldova with the Russian Federation since the recognition of independence and establishment of diplomatic relations there has been more than 25 years. During this period, the nature of bilateral relations changed under the influence of internal political processes and foreign policy factors. The article analyzes the historiography of the Moldovan-Russian relations in the context of the processes of European and Eurasian integration, in the works of Russian and Moldovan researchers. The synthesis of the analyzed approaches demonstrate a common vision on both the existing problems in bilateral relations and prospects for their overcoming on the way of strengthening cooperation, and also the contradictions existing at the domestic and foreign policy level in Moldova and Russia.

3-20

Authors: Vitalie STATI

The paragraphs reproduced in the Constitutional Court's Decision No.43/2018, contradicts the Courts arguments put forward by it in the Address to the Parliament of the Republic of Moldova and included in the Constitutional Court Decision No.25/2015. This opens the way for potential abuses in the application of art. 217 and art.2171 PC RM. Notwithstanding the position expressed in the Constitutional Court Decision No.43/2018, the definition in par.(6) art.1341 PC RM is still not clear it is predictable and unambiguous. In this context, the appliers of penal law cannot have a clear representation of art.217 and art.2171 PC RM (the paragraphs addressing the analogues issue) so as to adapt their conduct and to foresee possible consequences as a result of the non-compliance to these rules. The ambiguous editing, as well as the use of unclear syntax makes it diverge from the provision of par.(2) art.23 of the Constitution. Taking advantage of the lack of objective benchmarks, including normative ones, the penal law enforcement authorities have discretionary power to attribute (in unclear terms) a substance to the legal status of an analogue. It is the expert the one the one who is entitled to confer the quality of similarity used in par.(6) art.1341 PC RM. In other terms, it is the expert who sets the limits of the application of this penal rule. A official qualification made by an expert in relation to an offence is nothing more than a breach of the work duties and it falls under art.328 PC RM or art.313 of the Contravention Code. In conclusion, it is illegal for an expert to determine the amount of analogues.

31-34

Authors: Stela BOTNARU, Ion MIHALAȘ

Within the present article there is undertaken a comparative analysis of the age of criminal responsability of minors according to criminal law of different countries. There is explained the age as a feature of the subject of crime. Next, there are established the categories of minors according to their age and the way they will be criminally responsible according to each category. As well there are highlighted the ways of determining the age and the acts that serve as a ground for establishing it. Finally, there are presented some lender ferenda proposals, inspired by the criminal law of other countries.

47-56

Authors: Andrei NEGRU, Natalia CRECIUN

The paper presents a scientific research about the reconceptualization of the control function of the Judicial Inspection – an institution subordinated to the Superior Council of Magistracy of the Republic of Moldova. The mentioned proposal for reform is argued through two main directions: the first one refers to the proposal to increase the numerical component of the Judicial Inspection; the second one reflects the opportunity of setting up a specific category of staff – named investigative inspectors, who would exercise confidential investigation activities. The reason of establishing this kind of activity for monitoring organizational and functional aspects in courts or the professional conduct of judges lies in the necessity to maintain and strengthen confidence in the Judicial System. Strengthening Judicial independence is a pre-condition for the Rule of Law; the independence of the Judiciary should be guaranteed by domestic standards at the highest possible level. Taking in consideration the mentioned issues, the Judicial Inspection of the Republic of Moldova is the most recommended institution to carry out investigative work with reference to judicial conduct and discipline or with reference to organization and functioning of the Judiciary. The justification of such a proposal resides in the absolutely specific position and role of the Judicial Inspection in the system of national public authorities. Being subordinated to the Superior Council of Magistracy, the Judicial Inspection is an inherent part of the Judicial Authority and will provide and guarantee the independence of Justice (both as institution or system and individual judges) to the highest possible level, as settled in international standards. In such a manner, the Judicial Authority would demonstrate the efficiency of self-administration and self-control functions, revealing its consolidated character.

61-69

Authors: Stanislav COPEŢCHI, Roman TALMACI

In the present study there are some points in the matter regarding the criminal responsibility of the bailiff. As an example, the rules of the Special Part of the Criminal Code are displayed, under which incidence may fall the bailiff’s illegal behavior manifested in the performance of his duties. It appears that as from July 23, 2010, the bailiff no longer has the status of a civil servant, but is a person in the state's hands, who is vested by the state to carry out activities of public interest. It is argued that the amendment of the extra criminal status of the bailiff from a civil servant to a person, vested by the state to carry out activities of public interest had no impact on the legal-criminal classification of the criminal offenses committed by the bailiff in connection with this function in the public sphere. It has been shown that power excess and excess of official authority (art. 328 Criminal Code of RM) is the crime mostly attributable to bailiffs, which is probably due to their functional status.

81-89

Authors: Eugen BEJENARU

This scientific article is dedicated to some questions of penal matter concerning the criminal participation and plurality of perpetrators. The author has analyzed the modern penal doctrine regarding criminal participation, has examined the modern Precedent Law in this domain and has formulated some conclusions that can be implemented in the doctrine of the Substantive Criminal Law. Especially, a great attention is given to the objective and subjective aspects of criminal participation; the correlation between plurality of perpetrators and criminal participation is carried out. As a result, the author concluded that the category of plurality of perpetrators is larger than that of criminal participation.

100-106

Authors: Carmen-Elena ROŞU

Illegal drug trafficking is a lucrative, supranational, criminal activity that acts in accordance with market economy laws, with the immediate aim of suppling consumer centers and ultimately gaining enormous benefits, which justifiably implies, the interest of the state to orient its own policy in the fight against drugs, as effectively as possible, to protect the health of its own citizens and to save the socio-moral values.

111-122

Authors: Marcel ȘABAN

This scientific article is dedicated to some disputable aspects concerning the legal essence of embezzlement in the modern penal doctrine. In order to obtain the newest scientific results, the author commited himself to a detailed research of embezzlement based on three directions; penal science; normative basis and precedent law. More than that, the standpoint of this research was ensured by the modern legislation and penal doctrine from both countries: Moldova and Romania. There have been selected the most recent scientific works from national and Romanian doctrine (D.Otay, Al.Șerban, D.Ciuncan) in the matter of embezzlement. In order to increase the quality of research, the author has selected and applied decisions from the Supreme Court of Justice of the Republic of Moldova and the summarized decisions of the Highest Court of Cassation and Justice of Romania. As a result, the author pleads for reevaluation of the modern normative basis of embezzlement in the Republic of Moldova which, according to his point of view, forms a criminal offence in the domain of service and not in the domain of patrimony. His position has been confirmed by the most recent studies of penal doctrine.

137-144

Authors: Alexe JEFLEA

The object of present research is considered to be the religious deviancy studied from the perspective of theological criminology viewed as a part of the modern criminology. In the realm of the criminological science this direction is called as the religious criminology too, which constitutes an independent domain of the scientific research. In the opinion of the author, theological criminology operates with other religious criminality as well as with other forms of religious deviation. As a result, the purpose of this scientific message is imposed to be synthesis of the conceptual stand-points of religious deviation analyzed from the view of the modern theological criminology. The topic of the article is regarded as the newest one and extremely important in the matter of criminological prevention and prognosis of religious crimes and deviations. During the research the author operates with the following scientific categories: “theological criminology”, “religious criminality”, “religious deviancy”, “phenomenology of religious criminality”, “religious fanatics”, “religious extremism” and “abusive proselytism”. Conclusions merit to be taken into account for further improvement of the modern criminological doctrine.

149-153

Authors: Constantin VOZIAN

One of the phenomen facing the international society over time is the abusive use of civil aviation and commission of illicit acts against civil aviation, known in the field of international aviation law as acts of unlawful interference against international civil aviation. In order to overcome this phenomenon, at the national but also at the international level, states and international organizations are making considerable efforts to tackle this issue, in order to ensure an adequate level of flight safety and aaviation security.

162-172

Authors: Andrei PETRE

We are witnessing several trends in the post-modern world: Immigration and alienation in big cities, inadaptability at the second and third generation immigrants and some new forms of radicalization in Germany, France, the US. We can also add the phenomenon of convertion to either radical forms of religions, Jihadist ones – or so called „new religions” – Apocalyptic, Hedonistic or Satanist ones. The problem still stands in the hands of the big religions of the world. They become more and more commercial institutions – selling faith and moral comfort, and less – and less moral reference models. That leads our citizens to find other alternatives, who falling in the hands of radical Islam, Jihadist sects addopt other types of cults and newly born religions.

189-192

Authors: Augustina ȘIMAN

The scientific paper aims to present not only the importance of the principle that states should fulfil in good faith the obligations assumed by them in the treaties, but also exceptions from the above-mentioned principle. Thus, through the comprehensive analysis of the legal literature, the provisions of treaties and the practice of the Permanent Court of Arbitration and the International Court of Justice, it was possible to establish precisely the limits of the legal force of the pacta sunt servanta principle and to prove its relative character.

203-206

Authors: Anastasia OCERETNÎI

The issue of validity and fidelity is a fundamental one in social research, taking into account the relevance of data. During the development of social phenomenon investigations, a number of types of validity have been established, some of researchers show three types, others - five types. However, the most important implications involve theoretical validity, especially in the case of social phenomena. The article presents the particularities of each type of validity. At the same time, the concept of fidelity is also theorized and the estimation methods are analyzed. The author emphasizes the link between fidelity and validity.

03-08

Authors: Maria GUGULAN

As a result of the evolution of technical and scientific progress, media convergence is seen as an innovative process, a different approach to the selection, production and dissemination of news. This refers to teamwork of journalists, in converged newsrooms, to the sharing of collected information and distribution of content on different platforms. In addition to the need to know the new technologies and to learn the specifics of other media platforms, convergence also involves the compatibility of different media cultures: journalists in the print media learn to work alongside those in the audio-visual and online environments that, until recently, were in competition. Although there is no universal rule to be met by newsrooms who go to multimedia or convergent work, media professionals suggest however respecting certain rules that have succeeded in other newsrooms.

14-20

Authors: Темель КАРААСЛАН

In article analyzes main trends in the development of Russia's media education movement, also given characteristic of the known educational concepts leading Russian media educators. The main attention is paid to the problem of media education and media enlightenment in Russian society.

30-46

Authors: Aurel BĂIEŞU, Gheorghe RENIŢĂ

This research is dedicated to the analysis of the ban on issuing civil status documents, identity documents or driving licenses to the debtors in the light of certain constitutional provisions. In this context, the wide legal framework, the judgments of the Constitutional Court, doctrinal approaches and judicial practice in the field are used. In particular, it appears that the ban on issuing a passport and travel document (the documents permitting to leave a country) applied to the debtor in the forced execution procedure of an enforceable document constitutes an interference in the freedom of movement enshrined in art.27 of the Constitution. On the other hand, the prohibition of issuance of the identity card and residence permit as a category of special identity documents, as well as civil status documents and the driving license, implies intrusions in private and family life, enshrined in art.28 of the Constitution. However, both, freedom of movement right and private and family life are not part of the category of absolute rights, which limitation is prohibited. This is why the proportionality test was used as a logical method designed to help to establish a fair balance between the restrictions imposed by the contested provision and the degree of severity of the measure applied by examining whether the freedom of movement right and private and family life suffered a limitation that does not fall under the conditions imposed by the Constitution. It has been shown that the interference in this case pursues a legitimate aim, namely: the protection of the rights of others, in the present case, of the creditor to obtain debtor's execution of his obligation under an enforceable document. Finally, after balancing the competing rights, it concludes that the ban on issuing civil status documents, identity documents and driving licenses represents itself a disproportionate measure in relation with pursued goal, thus infringing art.27 and 28 conjuncted with art.23 and 24 of the Constitution.

57-69

Authors: Sergiu BRÎNZA, Igor SERBINOV

This article analyses the prejudicial act, viewed as an element of the objective side of the offenses provided by art.329 PC RM. In this regard, there are pointed out the characteristics of the two normative modalities of the prejudicial act in question. It is established that in art.329 PC RM, by „inappropriate performance” it is meant a „performance accomplished by breaking the law”. Within this context, the term of „law” here also has the meaning of a secondary regulation issued by the Government, by another central or local public administration authority etc., which provides a law in its own right. It is sown that in the case of the secondary regulations (such as job descriptions), which establishes the content of the offender's work obligations, the form or the extent of the fulfillment of these obligations, the time and the conditions of their performance etc., if these regulations have an autonomous character (i.e. are not adopted/issued within the limits and according to the norms of a law), accordingly there is no basis for the application of art.329 PC RM. It is argued that, if the offender's responsibilities do not include obligations whose failure to fulfill them or their inap¬propriate fulfillment is incriminated to the offender, therefore, in these cases art.329 PC RM cannot be applied. It is concluded that art.329 PC RM also cannot be applied if the offender's failure to fulfill or the inappropriate fulfillment of his/her/their work obligations have backgrounds that: 1) do not meet the requirements set for a normative act or 2) they meet these requirements, but have not been brought to the offender’s attention by publication or some other way established by law.

73-81

Authors: Iulia BĂNĂRESCU

In analyzing this topic, we intend to elaborate a study of the most important moments of the notarial succession procedure. Taking into account that this problem has not been found in the literature and in the national legislation and is not scattered, I have found that the problems faced by the notaries in their daily activities, which come to ensure the realization of the rights and the freedoms of individuals and legal entities, all of these actions being made in order to guarantee the safety and balance of the civil circuit. We have tried, in the present study, not to distance ourselves from the practical aspects with which the notary meets daily in the succession proceedings. The role of the notary is primarily to be close to the citizen. We consider that if each notary fulfills the powers that the legislator gave us through the Law of Notary, the Civil Code, the Constitution, and other laws, it is useful to society, state and citizens and will be able to carry out thankful its activity, of course, commensurate with the general course of the political, social and economic life of the Republic of Moldova.

97-105

Authors: Violeta COJOCARU, Sergiu DODON

Compensation for insurance is largely the restoration of the injured person in the patrimonial situation prior to the damage and reintegration of the partimony lost as a result of traffic accidents or the occurrence of insurance cases of the person who suffered so that its assets reach the value that would be if the deed the illicit would not have been over. If the conditions for the existence of the damage are common, the measures and procedures that may be taken to ascertain the status and payment of the insurance indemnity may be taken. The basis for calculating the damage, whether it was calculated amicably or calculated by the courts, is to observe some principles. The principles of insurance indemnity have an important role in setting insurance compensation as a fundamental institution of civil law.

116-122

Authors: Stanislav COPEȚCHI

In this study there is analyzed the fact if the electronic correspondence may appear as an immaterial object of the offense provided in art.178 PC RM. It is demonstrated that under the current conditions art.178 PC RM is inapplicable in case of violation of the right to the secret of electronic correspondence. It is argued that of all states former members of the Soviet Union, only the Republic of Moldova has decided not to protect, by legal-criminal way, the secret of electronic correspondence. Finally, is highlighted the latest Moldovan legislator's initiative to assign electronic communications to the category of the immaterial object of the offense provided by art.178 PC RM.

134-145

Authors: Лилия ГЫРЛА

In the realm of this scientific research there is performed a profound analysis of criminological points of view as well as of penal provisions concerning some aspects of religious extremism from the perspective of its impact upon the content of the penal prohibitions which are contained in the Special part of The Criminal code of the Republic of Moldova. In order to obtain the best scientific results, there have been examined such phenomena as religious fanatic views, religious fundamentalist views, as well as there have been researched the generic notion of extremism. This article can be defined as an analysis of the modern penal and criminological doctrine, as well as some results of the sociological science which gives the opportunity to consider that this is an interdisciplinary research. The author has researched some definitions and classifications which are met in the modern science being proposed a generic definition of the criminal offences which have a religious extremist character. There is demonstrated that as a basic sign of the delimitation between extremist offences and other types must be recognized the criminal reason of the misdeed. As a result, there have been formulated several conclusions which can be applied in the science of the Substantive Criminal Law, Criminology, as well as can be taken into account during the improvement of the penal legislation.

153-160

Authors: Lilia GULCA

The elements of the tax system are the advantage on which the entire tax system depends. The direct link between them reflects on the whole of society, putting its mark on the economic development of the country and the factors that lead to the formation of a favorable fiscal impact throughout the country. Knowing and applying them in close connection has as a main effect the fiscal stability and as a secondary effect the establishment of real taxes and taxes, which would generate the tax revenues by means of conscience rather than sanction.

177-187

Authors: Alexe JEFLEA

In the realm of this scientific article there is studied the religious phenomenon in the modern criminology of Romania. In order to obtain the newest and complete criminological results the author has effectuated a multidisciplinary research of the religious phenomena being afforded necessary attention to some terms from theology and psychiatry. During the research there have been analyzed a great number of scientific sources of the Romanian authors from the last decade in the matter of the religious criminality. The obtained scientific results can be applied in the future in the criminological science of the Republic of Moldova.

205-209

Authors: Aurel Octavian PASAT

The purpose of this study is to solve some aspects regarding the subject of customs crimes, by analyzing some doctrinal opinions and the legislation in force in the Republic of Moldova and in Romania, as well as in formulating relevant conclusions in the field of customs offenses. Although the legislator does not expressly stipulate in the content of the norm in Art.249 PC RM the special quality of the subject of the offense, or by art.270-274 CV Rom, this results from the interpretation (implicitly) of the text of the norm of incrimination. In particular, the special quality of the offense derives from the content of the legal obligation of the person to pay the customs duties when passing goods across the customs border of the Republic of Moldova. As far as smuggling offenses are concerned, it is demonstrated that the subject of the offense is non-circumstantial (except for smuggling provided in letter c) paragraph (5) art. 248 PC RM).

223-245

Authors: Gheorghe RENIȚĂ

In the present scientific paper, we start from the premise that the cyberspace represents a favourable environment for committing some offences, including the manipulation of an event and the arranged bets provided by articles 2421 and 2422 of the Criminal Code of the Republic of Moldova. Thus, it is highlighted that the perpetrator may, for various reasons, choose to send messages (or make calls) from a device connected to the Internet to encourage, influence or train a participant in a sporting event (which, at the same time, can also be a betting event) to take action that would have a vicious effect on the event in question in order to obtain goods, services, privileges or advantages in any form whatsoever, which is not for himself or for another person. Also, the person who knows with certainty that there is an agreement about cheating on a betting event may be informed by other information systems or electronic communications networks about other people in order to make them participate in this bet. Thanks to anonymity, the way the information is propagated etc., such a way can be especially used. On the other hand, it is shown that criminal liability for the offence of arranged bets can not be committed when the act is limited to merely redistributing in a cyberspace a post containing the information mentioned above and without wanting to determine other people to participate in the bet. It is insisted on distinguishing the act of presentation and dissemination in the virtual space of the advertisement regarding the bets and the money gains obtained as a result of the participation of the arranged betting offence. In addition, the features of online betting are highlighted. In particular, the equipment and software used to organize gambling through electronic communications networks must be mandatory on the territory of the Republic of Moldova. Likewise, the control system (server) of the gambling organizer must be located on the territory of the Republic of Moldova. Last but not least, there are analyzed the controversies concerning the determination of the time of consumption and the place where the offences in question were committed.

251-262

Authors: Igor SERBINOV

This article is dedicated to the thorough analysis of the prejudicial consequences and the causal link, viewed as elements of the objective side of the offences provided by art.329 PC RM. It is argued that the application of art.329 PC RM does not exclude the application of the disciplinary sanction for the same offence, with the condition that the disciplinary sanction must not have a „penal character”. It is established that, if the offences, referred to at art.482, par.(1) art.189, art.2202, par.(2) art.227, par.(1) art.275 or other such norms from the Contravention Code, causes the prejudicial consequences specified in art.329 PC RM, therefore this article will be the one to be applied and not the contravention norm. It is also pointed out that not the lost income, but the actual prejudice (including not receiving the rightfully owned goods) forms the content of the material prejudice caused by the offences stipulated in art.329 PC RM. In the case under lett.a) par.(2) art.329 PC RM the plurality of victims is possible. It is shown that: taking into account the provision of par.(2) art.3 PC RM, the failure to apply the provision under lett.b) par.(2) art.329 PC RM is preferable to the actual application of this provision.

276-280

Authors: Vitalii FURTUNA

This article refers to some aspects related to the concept of crime which are not reflected in the national doctrine. The author is analyzing theoretical and legal definitions of crime and underlines the particularities of techniques (formal and substantial) of defining the notion of crime. Also, the author is making reference to the legislative practice of other states and argues the irrelevance of some crime particularities provided by art. 14 (1) CC. As a result, the author considers that the legal definition of crime is redundant and should be reconsidered.

3-14

Authors: Maria BULGARU, Oleg BULGARU

In this article some of the measures of the family policies with the consequences on the decision of couples to give birth to children, related, in particular, to the parental care benefits during the first years of child's life (maternity/paternity/ parental leave), childcare services (nurseries, day care, kindergartens, etc.), combining family and professional obligations, etc. are analyzed. In the text, the results of the sociological research "The Reproductive Behavior of Women in Moldova", conducted in December 2015 by the Faculty of Sociology and Social Work, State University of Moldova, in partnership with the Charles University in Prague, Czech Republic, with the financial support of the Czech Development Agency are integrated. This study allows the authors to conclude that family policies in the Republic of Moldova are focused primarily on the economic/financial support considered being also a source for stimulating the birth rate. A number of important topics, conditioned by contemporary socio-economic and demographic challenges, occupy currently a peripheral place on the political agenda of our country.

21-29

Authors: Nelly ȚURCAN

The article gives a short overview of the history of the use of Universal Decimal Classification (UDC) as worldwide documentary language. There are presented examples of applying UDC for national bibliographies and catalogs, indexing of scientific articles, development of scientific databases, Internet service systems etc. Also, there is an overview of the use of the UDC in the Republic of Moldova. The article reveals the reasons the scientific journals of the Republic of Moldova have to apply the UDC index. This practice will ensure efficient access to content, relevant search of the scientific articles in National Bibliometric Tool, will increase international visibility of the scientific publication from the Republic of Moldova.

36-43

Authors: Темель КАРААСЛАН

We are all active users of different kinds of information, which the flow is constantly increasing. The abundance of television channels, sites on the Internet, a huge amount of video – and audio products, bright headlines of numerous periodicals. All this information becomes an integral part of our existence. Turkey integrates dynamically into the global information space. Citizens now have unlimited access to databases and information accumulated by the world community. In this context; article is an attempt to implement the "media education" concept of analysis. The main attention is paid to the problem of the functioning of media education and media education in the modern society of Turkey.

50-56

Authors: Sergiu BRÎNZA

The purpose of the investigation is to analyze the juridical-penal considerations of the amendments made by Law No.208/2016. As a result of the analysis there was established that the modification made to par.(6) art.16 of the Contravention Code detached terminology-wise the Contravention Code from the Penal Code. For the same reasons, the modification to par.(4) art.17 of the Contravention Code is as inappropriate as in the first case. At the same time, there was established that the modification made to art.18 of the Contravention Code was an appropriate one. The modification explanatory-wise made to art.541 of the Contravention Code is an appropriate one as well. Similarly, the modifications made to par.(1) and par.(2) art.96, art.97, par.(1) and par.(2) art.971, art.972, art.99-103, art.149, par.(2) art.155 and art.243 of the Contravention Code are all justified and welcomed. However, these contravention norms are not the only ones that are in a complementary relationship with certain penal provisions. Therefore, the legislature should show more consistent and standardized approach towards all similar contravention and penal hypotheses connected complementarily. The completion of the provision of par.(10) art.157 of the Contravention Code with the phrase", if the act does not constitute an offence" is also an appropriate one. It will allow more precise delimitation between the contravention act provided by this provision and other certain offences. The completion of the Contravention Code with art.1991-19912, 2201-2205 is justified and welcomed. These norms expanded the list of contravention norms that are complementary to the provisions of art.263 PC RM. The exclusion from the provision of art.354 of the Contravention Code of the phrase "violates the moral norms," is considered appropriate as well.

64-81

Authors: Victor VOLCINSCHI

Dedicated to the analysis of the issues of defining the concept of public order in the international law, the correlation between the concepts of public order of national law and private international law and of the social functions performed by each of them. By analyzing the legal regulations, the practice and the doctrine in the field, are being analyzed the conditions of invocation of public order exception in private international law, and demonstrated separately the specifics of invocation of the public order exception in the procedure of refusal of foreign judgments and in the procedure of refusal of foreign arbitral awards.

88-97

Authors: Stanislav COPEŢCHI, Liubovi BRÎNZA

In the carried out study there are highlighted some explanations reflected in Decision of the Plenum of the Supreme Court of Justice of the Republic of Moldova no 4 of 21.12.2015 amending and supplementing the Decision of the Plenum of the Supreme Court of Justice no 39 of 22.11.2004 “On judicial practice in criminal cases involving minors”. For quali¬fication according to the norm of the article 208 PC RM there is not necessary that the minor to have started preparation to commit the offense to which was instigated. As a victim of an offense specified in art.208 PC RM can occur both a minor who has attained the age of criminal liability needed to be subject to crime whose commission was instigated and a minor who has not reached such an age. It argues that to operate aggravating specified in para. (2) art.208 PC RM is obligatory presence of a special relationship between offender and victim.

113-122

Authors: Ilie CRECIUN

Regulation and limitation of anticompetitive agreements are not known only to contemporary states. Regulations and prohibitions of anticompetitive agreements are known since 18 a.Ch. Regulations have evolved over time and they had have different approaches: from non-prohibiting anticompetitive agreements – during of guilds, to the absolute prohibition of them – Sherman Antitrust Act, 1890, USA.

129-137

Authors: Igor DOLEA

This article approaches the issue of the retroactivity of Constitutional Court rulings in penal law. The actuality is deter¬mined by the non uniform solutions in doctrine and jurisprudence of the Constitutional Courts of European countries. There¬fore, the subject matter of the article is to identify a proper method for Republic of Moldova, being applied the compara¬tive method. It is analyzed the effects of the Constitutional Court rulings with regard to penal law as well as the retroactivity of the material in the procedural law. A separate issue raised is related to the principle of legal certainty, in case of the application of the retroactive effect of the Constitutional Court ruling and the revision as a procedural mechanism that repairs the damaged constitutional law. In this article, are suggested several solutions for national law system.

148-152

Authors: Igor HLOPEȚCHI

The execution of court decisions is an obligation of the Republic of Moldova, assumed by Parliament Decision no.1298-XIII of 24.07.1997 about ratification the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols. The Convention protecting the right to a fair trial, guaranteed by art. 6. The concept of fair trial, signify all judicial proceedings related to enforcement execution, but the Republic of Moldova as guarantor of the rule of law, intervenes by means of criminal-law response in these social relations, and this representing the quintessence of state criminal policy and of this study.

161-163

Authors: Bianca MOLDOVEANU

The theory of separation of the three powers in the state has been for over two centuries. In different countries it has evolved in a different way. The author mentions the fact that even in the framework of the same state the separation of powers can evolve with preponderance either towards the legislative or the executive power. Thus, we cannot speak of a strict or rigid separation of powers. The author adduces numerous examples of deformation of this principle, mentioning the fact that at present in they consider the role of the executive power to be primordial to the legislative one.

180-191

Authors: Gheorghe RENIȚĂ

This scientific paper aims to give answers to its own introductory question: are the manipulation of an event and the arranged bets (article 2421 and 2422 of the Criminal Code of the Republic of Moldova (CC RM)) corruption offenses? In other words, is it justified to be included the above mentioned offenses to the group of corruption offenses? The starting point for the development of this investigation was the Draft Law no.268/2016 which, inter alia, aims to incorporate art.2421 and 2422 of the CC RM among the corruption offenses. In this regard, it is noted that the deed expressed in encouraging, influencing or training a participant at a sporting event or at a betting event to take actions that could produce a flawed legal effect upon that event, with the aim of achieving goods, services, privileges or advantages in any form, that he should not have had obtained for him or for any other person (art.2421 of the CC RM), as well as the act of betting on a sporting event or any other event that involves betting, or to inform others about the existence of an agreement on tricking that event with the intention of getting them to participate in that bet, made by a person which does not certainty know about the existence of an agreement about tricking that event (art.2422 of the PC RM), cannot be qualified in the content of norms that establish criminal liability for passive corruption (art.324 of the CC RM), active corruption (art.335 of the CC RM), influence peddling (art.326 of the CC RM), bribery (art.333 and 334 of the CC RM). This is due to the fact that the above-mentioned norms have different scopes. In order to ascribe a criminal offense to the category of corruption crimes, it is necessary for such an offense to have the defining characteristics of corruption, namely: to affect the normal exertion of the function; to imply usage by the subject of acts of corruption or acts of corrupt behaviour of his official position; to be manifested through requesting, receiving or accepting, directly or indirectly, for himself or for another person, undue material benefits or advantages; to be able to express itself through illegal promising, offering or giving of such undue benefits or advantages to the subjects of acts of corruption. Therefore, the criminal offenses set forth by art. 2421 and 2422 of the CC RM do not have the defining characteristics of corruption, as their individual traits set them apart from corruption crimes. Also, it is shown that the same conclusion results from the text of the Council of Europe Convention on the Manipulation of Sports Competitions of September the 18th, 2014, as well as from the statutes of certain sports organisations that regulate disciplinary liability for violating sports ethics. Finally, it is emphasized that the concept of ascribing crimes concerning manipulation of an event and arranged bets is not substantiated and shall be relinquished.

202-210

Authors: Vitalie STATI, Denis BĂBĂLĂU

In this study there are analyzed both the factual basis and the legal basis of the penal liability for the offences crimi¬nalized in art.241 PC RM. There are also established the features of the legal object and the immaterial object of the offenses referred to at art.241 PC RM. It is argued that the concept of "entrepreneurial activity", applied in art.241 PC RM, has the same meaning as the concept of "entrepreneurial activity", applied in art.1 of the Law on entrepreneurship and enterprises. It is established the form and the contents of the prejudicial act specified in art.241 PC RM, according to the provisions of lett.a)-d) art.125 PC RM. It is argued that the qualification of the offence of illegal performance of entrepreneurial activity without a license under art.241 PC RM (in conjunction with lett.b) art.125 PC RM), would mean nothing but the application by analogy of the penal law, which is prohibited by par.(2) art.3 PC RM. There are pointed out the features of the consummation phase of the offences referred to at art.241 PC RM. It is substantiated that the purpose of the offences set forth in art.241 PC RM is the purpose of ensuring a permanent source of income. There are established the cases within which the subject of the offences under art.241 PC RM has a special quality. Last but not least, there are clarified the delimitation criteria between the offences specified in art.241 PC RM and the offences under art.190, art.2411, art.244, art.2441 and other articles of the Penal Code.

222-230

Authors: Vasile SOLTAN

This paper analyzes procedural guarantees regarding pre-trial detention which is intended to be an exceptional measure of last resort, when all other measures are insufficient. Thus, there a several guarantees established by art. 5 of the European Convention of Human Rights (ECHR) for the accused people when they face pre-trial detention. The central requirement is a reasonable suspicion that the person has committed a crime and defendants pose a substantial risk of flight, a threat to the safety of the community, victims or witnesses, or a risk of hindering investigations. Also, every one arrested or detained shall be brought promptly before a judge and shall be entitled to trial within a reasonable time or to release pending trial. Unfortunately, the European court has found that judges sometimes relied on unlawful grounds, such as exclusive or primary reliance on the nature of the offences or reasoning was often formulaic and did not engage with the specific evidence in each case.

241-246

Authors: Artur TARLAPAN

By regulating the possibility of exercising the subjective mortgage right under the mortgage contract invested with executory formula, our legislature intended to simplify the procedure of tracking the mortgaged asset and satisfy the secured obligation, in the interests of security and stability of credit relations. At the same time, the legislature did not take in account the need to protect the interests of the debtor.

259-263

Authors: Carolina BUDURINA-GOREACII

During the totalitarian communist regime in the USSR the State violated the sovereignty of the people and the time that followed the collapse of the communist regime was marked by significant changes in the status of the individual and the Moldovan society in general. At the same time, it was necessary to create informal, autonomous and independent structures in order to defend the rights of citizens and to provide more freedom of decision-making in local public affairs. In this context, building civil society was only possible through the efforts of all non-state actors, and the increasing of citizens’ capacities in community. The issue of civil society began to be actively discussed in our country, especially with the recognition of the Republic of Moldova as a subject of international law. Premises of establishing the civil society were closely related to socio-political situation, economic development, creating the legal framework and citizen perception on the country's democratization. All these issues will be examined in this article.

275-281

Authors: Aureliu SINDILA

Chinese New Diplomacy has emerged as a vector in the Asian region first, where it has achieved a considerable visibility. This paper aims to describe the model of the Chinese New Diplomacy, while analyzing its elements and profiles. Taking into account the remarkable influence and the newly centered desires, a fresh era in the Chinese foreign policy has stepped out. This work assembles some views from inside of China, making it more valuable for foreigners, who, in my opinion might be very easily biased by different state and non-state actors from abroad.

3-13

Authors: Maria BULGARU, Oleg BULGARU

This article reflects some aspects of the family policies implementation in Republic of Moldova and the need to introduce a series of changes that would positively influence the reproductive behavior of the population. The study is focused on the results of the research "The Reproductive Behavior of Women in Moldova", conducted by the Faculty of Sociology, State University of Moldova, in partnership with the Charles University in Prague, Czech Republic, with the financial support of the Czech Development Agency in December 2015. The results of this research highlight a number of factors - material, psychological, etc., that influence the intention of women to give birth to children. The women desire almost equally to have more children than they have today. Within current socio-economic, political and moral-spiritual crisis from Moldova, the decision to give birth to children is a matter independent to each individual and each family. This decision is untenable without broad support through various measures (financial, services, etc.) from the state institutions. By other terms, the state must actively encourage the natality and stimulate the birth of second and next children in families.

20-24

Authors: Stela MILICENCO

Supervision within social work represents a relatively new activity in the Republic of Moldova, which means offering professional assistance to staff members with the aim of increasing working abilities with beneficiaries, ensuring activity efficiency and preventing professional burnout. Supervision may be circumscribed by the concept of continuous education, through which professional development of the supervised may be enhanced.

30-38

Authors: Antonio SANDU

The purpose of this article is to highlight the perspective of the probation counsellors from N.-E. Romania on the nature and particularities of their relationship with the supervised persons. In order to conduct such an analysis, we used data collected from 12 interviews with the probation counsellors in the aforementioned region. The data was interpreted using the Grounded Theory inductive methodology. Among the most important results, there is the fact that the pro¬fessionals define a dual nature of the relationship: supervision and counselling doubled by support.

44-50

Authors: Liliana SALCUŢAN

This article presents partial results of a study which aims to establish the correlation between life style and subsistence minimum for the elderly in Moldova. In this article we intend to identify problems that prevent senior citizens afford achieve a decent way of life, providing a minimum of food, clothing and shelter to the subsistence level.

57-64

Authors: Темель КАРААСЛАН

The article describes the concept of "media education" in the context of manipulative influence of the media on human consciousness in modern society.

74-81

Authors: Tamar ZARANDIA

The principle of good faith is recognized as a vital component of modern private law. Therefore, Georgian civil law guarantees the principle as universal assessment category. Pursuant to presumption of authenticity of public registry in case of purchase of immovable property in good faith from unauthorized seller the rights of acquire are protected by Georgian Civil Code. Therefore, two circumstances exclude purchase of ownership title over immovable property in good faith per Georgian legislation: purchaser’s knowledge of the fact that the seller was unauthorized to sell the property (185,312) and complaint brought against the record (312).The crucial in the relations between two parties is the subjective attitude to identity of the actual owner-only positive knowledge of inaccuracy of the public registry records results in bad faith, while unawareness will not cause the same consequence even in case of gross negligence.

90-98

Authors: Sergiu BRÎNZA, Vitalie STATI

The subject of the present investigation is the juridical-penal implications of the adoption of Law No.133/2016 and Law No.134/2016. As a result, there is established that the special legal object of the offence specified in par.(3) art.3301 PC RM is represented by the social relations with regard to the proper conduct of work activities in the public sector, which involves, among other thing, assuring the inviolability of secret information made in the declarations of wealth and personal interests. It is pointed out that the immaterial object of the offence under par.(3) art.3301 PC RM is the information from the declarations of wealth and personal interests, information that has become known in the process of performance of work duties or by exercising control. It is argued that the victim of the offence in question is the person who has any of the following special qualities: 1) the subject of made declaration (including the person working as an information and security officer or as an investigations officer within a special missions subdivision of the Ministry of Internal Affairs, the Ministry of Defense, the National Anticorruption Authority, the Information and Security Service, the State Protection and Guard Service, of the Department of penitentiary institutions of the Ministry of Justice or the Customs Service); 2) a family member of the subject of made declaration; 3) the concubine of the subject of made declaration. There are also analyzed the alternative normative proceedings of the prejudicial act set forth in par.(3) art.3301 PC RM: 1) the disclosure; 2) the publication. It is shown that the subject of the offence under par.(3) art.3301 PC RM must have one of the following special qualities: 1) the person in charge of collecting the declarations of wealth and personal interests, designated by the chairman of one of the public institutions where all employees, according to Law No.133/2016, are required to file such declarations; 2) the President, the Vice President, the integrity inspector or any other member of the staff of the National Integrity Authority; 3) a member of the Integrity Council. It is also emphasized why it was not appropriate to supplement art.3521 PC RM with paragraph (2). It is then established that, with regard to the offence referred to at par.(2) art.3521 PC RM, the special legal object is formed by the social relations on the public trust in the declarations of wealth and personal interests. On this issue, it is concluded that, if several incomplete or false information is intentionally included in the declarations of wealth and personal interests, the offence in question has a material object, which is the genuine declaration of wealth and personal interests. In the same line of ideas, the outcome of the offence specified in par.(2) art.3521 PC RM is the declaration of wealth and personal interests containing incomplete or false information. It is argued that the prejudicial act referred to at par.(2) art.3521 PC RM has two alternative normative proceedings, of action and of inaction. It is revealed that the purpose of the offence specified in par.(2) art.3521 PC RM is manifested by the subject’s desire to cover his/her unjust enrichment. It is then established that the subject of the offence in question has the special quality of the subject of made declaration, within the meaning of art.3 of Law No.133/2016.

126-133

Authors: Denis BĂBĂLĂU

The purpose of this investigation is to reveal the characteristics of form and content of the act of conducting entrepreneurial activity without the proper registration (re-registration) to licensing authorities, which is a normative proceeding of the offences referred to at art.241 PC RM, provided by lett.a) art.125 PC RM. To this end, it is shown that, with regard to the form of the prejudicial act of the offence in question, the normative proceeding consists in the commission of an inaction, followed by the commission of an action. By committing the inaction of conducting unregistered (unre-registered) entrepreneurial activity to proper licensing authorities, the offender refrain from committing the action of conducting entrepreneurial activity without the proper registration (re-registration) to licensing authorities, although it can and should be done. It is argued that the offences set forth in art.241 PC RM (under the meaning of lett.a), c) or d) art.125 PC RM) cannot be in ideal competition with the offence referred to at art.242 PC RM. As a result, it is established that, in the presence of the normative proceedings provided by lett.a), c) or d) art.125 PC RM, the competition between art.241 and art.242 PC RM is not possible. It is shown that conducting entrepreneurial activity without the entrepreneurial patent involves the contravention liability under par.(4) art.263 of the Contravention Code, and not under par.(1) art.263 of the Contravention Code. It is also argued that it is appropriate to exclude from the final part of the provision of par.(1) art.263 of the Contravention Code, of the words „or with a registration certificate declared invalid”.

138-146

Authors: Stanislav COPEŢCHI

In the carried out study is try making delimitation between prolonged crimes to other forms of unique crime. Also, are set single lines between prolonged crime and real competition with identical crimes. In the case of identical criminal actions/inactions it was argued that in the presence of an unique intention from those actions/inactions, regardless of their number, the offense committed must be qualified under the rules of the prolonged crime, while in the presence of cumulation intentions to these, those committed must qualify under the rules of the cumulation of crimes. Compared with unique offense with alternative actions/inactions it showed that prolonged crime is characterized by the presence of several actions/inactions, but identical, while the crimes with alternative actions/inactions, on the one hand, they are not identical, and, on the other hand, are expressly provided as alternative actions/inactions.

156-169

Authors: Lilia GÎRLA, Jacob RUB

This article constitutes an independent scientific research in Criminology. Especially, authors have done their best to explain and to prove the correlation between risk-taking and risk averting behavior during the white-collar perpetrating. Authors have demonstrated that risk is not only a probability of losses but also forms a threat of unpredictable development of events. As a consequence, when a person avoids risking it is also a risk because there appears a great likelihood of undesirable expansion of events outside the risk. New theoretical concepts are formulated on the base of empirical findings obtained from the correlation of the personality traits (Extroversion, Agreeableness, Neuroticism, Openness and Consciousness) in male and female white-collar offenders predisposed to risky decisions in business administration because such decisions are based on intuition and there is detected a deficiency of reasonability. By means of empirical research based on psychological experiment and sociological interview of the white-collar offenders and the control groups there have been proved that inclination to risk being a quality of a person (a personality trait which is expressed in a permanent tendency to use new possibilities) in some cases can indicate to a propensity of a person to commit white-collar crimes.

178-184

Authors: Alexe JEFLEA

This article is dedicated to several findings de lege lata concerning the abusive proselytism and religious extremism in the extra-penal legislation of the Republic of Moldova. Namely the analysis of the defined problem has been originated from the clarification of the notion of religion; recognition of the scientific postulation that religion constitutes a pretext and not the cause of the war conflicts; the detailed analysis of the extra-penal legislation which regulates the relationships in the domain of religion. The author has proposed for a scientific use for the penal sphere as well as for criminological science two original definitions of the abusive proselytism and religious extremism.

193-206

Authors: Jacob RUB

The purpose of the present article is to elaborate a valid method of forecasting of the potential offender during the hiring process by means of pre-employment tests as an integral part of the process of prevention and counteracting of the phenomenon of white-collar criminality in the realm of Penal Politics of the Republic of Moldova and the State of Israel. Namely, the „personality coefficient” of the potential offender, which, in the author’s opinion, will define better the likelihood of success in perpetrating a white-collar crime. As a result, a new methodology and tactics for the earlier reducing of white-collar criminality at workplace a new and original scale of pre-employment test valid for hiring process which will be justifiable not only from economical and sociological standpoint, but also from criminological point of view in the process of white-collar criminality reducing.

219-230

Authors: Vitalie STATI, Ruslan POPOV

The subject of the present investigation is the constituent elements and the aggravating circumstances of the offences specified in art.3321 and art.3322 PC RM. As a result of the performed analysis, we have concluded that the special legal object of the offences referred to at art.3321 PC RM is of complex character. It is established that it’s not the quality of material object, but it’s actually the quality of goods acquired through actions set forth in art.3321 PC RM the one that have obtained the funds from external loans through fraudulent means. It is then underlined the structure and content of the objective side of the offences referred to at art.3321 PC RM. It is also revealed that the purpose of these offences possesses the following alternative forms: 1) the purpose of receiving the approvals or the necessary guarantees for the funding, funds obtained or guaranteed from external loans (in the presence of the normative proceeding with regard to the use or the issuance of false, inaccurate or incomplete documents, certified copies or any relevant data); 2) the purpose to obtain funds from external loans (in the presence of the normative proceeding with regard to the failure to provide the necessary data required by law). At this point, it is argued that the subject of the offences under art.3321 PC RM must have the special quality of final (secondary) beneficiary of the funds obtained from external loans. It is also concluded that the special legal object of the offences specified in art.3322 PC RM is of multiple character. At this level, there are analyzed the conditions that must be met by the material object of the offences set forth in art.3322 PC RM. It is then established the structure and content of the objective side of the offences referred to at art.3322 PC RM. It is emphasized that the purpose of these offences is the purpose of misappropriation (theft). Finally, but not least important, it is argued that the subject of the offences under art.3322 PC RM must have the special quality of manager of the funds obtained from external loans.

243-248

Authors: Daniela URSU

Because some authorities, like the policeman, are according to the law (Article 123 para.(1) and para.(2) of the Penal Code of Moldova), both public persons and persons holding responsible positions, in the context of maltreatment incri¬minated by the article 1661 of the Penal Code of Moldova, some subjects invested with the power to apply the criminal law treat the police officials as persons holding a responsible positions, the reason why the aggravating circumstance, depending on the offense, is either letter e) para.(2), either – letter e) para.(4) article 1661 of the Penal Code of Moldova. While others treat them as public persons, stating their crimes as torture, inhuman or degrading treatment. Starting from several judgments of national practice, this study aims to provide an answer to the following question: What is the best solution in qualifying the offenses of torture, inhuman or degrading treatment, committed by the authorities who hold dual capacity: as public persons and as persons with responsible positions?

262-276

Authors: Dimitrios K. STAMATIADIS

This article is dedicated to the one of the most important questions of the International Commercial Law. As a rule, it is widely accepted that the principle of party autonomy has been adopted, in respect of contractual obligations, by practically all national legislations in their provisions for private international law. At the same time, the Principles are silent regarding the option to choose trade usages as lex causae of the contract, and understandably so, since, from a systematic viewpoint, they cannot form a comprehensive set of rules capable of resolving basic issues of contractual obligations. Author believes that the Principles do not add any significant new features to the legal systems that have already developed and adopted the principle of party autonomy, with the exception of the possible application of non-national law before state courts. As a result, there have been formulated several useful conclusions which can be used in the science of the International Commercial Law.