Studia Universitatis Moldaviae. Stiinte Sociale

09-13

Authors: Жеоржета СТЕПАНОВ

The social journalism objectives which are realized in the process of the mediation of social reality improve the variety of models of media actions. Through it, in the informational circuit are putted materials which model a civil perception of the reality, induce to citizens the feeling of an ownership and the participation in social life, suggest the possible solutions for solving the problems, and generate the optimal conditions for free implication of citizens in public dialog etc. Constructive nature of these media actions lies in adjustment journalistic activities to social field's need and in cumulating of the journalistically actions and those of the other social institutions in view of satisfaction of the social objectives of a major importance for society.

21-29

Authors: Mihail CREȚU

The social, political, economic and cultural participation of Moldovan citizens living abroad becomes relevant within their relationships with their country of origin and the host country. In order to better understand the capacity of Moldovans to participate in important social, political, economic and cultural events at national and transnational level, additional attention should be paid to the media and the forms of communication they use to claim their rights, declare their needs and resonate their thoughts. The results of the study show that Moldovan Diaspora members in Italy, the Russian Federation and Spain choose and use media and forms of communication in an attempt to find spaces of representation and expression to manifest themselves as citizens, as individuals and as members of different communities. In the multi-faceted contexts of how members of the Moldovan Diaspora choose and use different media and forms of communication, we have identified 4 basic trends, namely: the existence of multiple places of belonging; the existence and understanding of national and transnational relationships; the development and manifestation of human relationships in an interconnected universe; the re-evaluation of the meaning of the concepts of „citizenship” and „belonging”. Next we have identified a triple role of the media that facilitates the social, political, economic and cultural participation of Moldovans living abroad: the person uses the media to manifest himself as an individual; the person uses the media to refer to a place of belonging; the person uses the media to gain a sense of security. In this respect, the contribution of the study is as follows: there are identified and analyzed the attitudes and behaviors of Moldovans from diaspora which lead them choosing and using choice and use of certain media and forms of communication to the detriment of others; there are identified and analyzed the models of representation and social, political, economic and cultural participation of Moldovans living abroad; the Moldovan Diaspora in Italy, the Russian Federation and Spain is interpreted through the means of social, political, economic and cultural activism in order to establish the nature and extent of the Moldovans relationships with the Republic of Moldova and the host country.

47-56

Authors: Sergiu BRÎNZA, Vitalie STATI

This study is dedicated to the thorough analysis of the offences provided by art.2011 PC RM in relation to the provisions set forth in Law no.196/2016. The analysis showed that, under the marginal name of domestic violence, art.2011 PC RM merges together six type variant and three aggravated variants of offences. In this regard, it is established the content of the special legal object of these offences. It is shown that, in the case of the offences referred to at lett.a) par.(1), lett.c) par.(2) and par.(3) art.2011 PC RM, the material object is represented by the body of the person. The economic means (including the means for primary life support) are the material object of the offence specified at lett.c) par.(1) art.2011 PC RM. With regard to the objective side of the offences referred to at par.(1) art.2011 PC RM, it is argued that the prejudicial act of the offences in question is expressed by the action or inaction of: maltreatment or other violent acts (lett. a) par.(1) art.2011 PC RM); isolation or intimidation (lett.b) par.(1) art.2011 PC RM); deprivation of economic means (including the deprivation of means for primary life support) or neglect (lett.c) par.(1) art.2011 PC RM). It is also established that, in the case of the offences referred to at lett.a) and lett.c) art.2011 PC RM, additionally the objective side includes and the prejudicial consequences in the form of slight battery or health harm, as well as the causal link between the prejudicial act and the prejudicial consequences. Similarly, it is established the content of the objective side of the other offences specified at art.2011 PC RM and the end moment of these offences is then determined. Besides, there is analyzed the subjective side of the offences under art.2011 PC RM. In this regard, it is concluded that, with regard to the offence of intimidation referred to at lett.b) par.(1) art.2011 PC RM, we attest the presence of the special purpose of imposing his/her/their will or control over the victim. It is shown that any of the acts – which fall under the definitions of the notions of „physical violence”, „sexual violence”, „psychological violence”, „spiritual violence” and „economic violence” mentioned in art.2 from Law no.45/2007 – may precede the request or the application of protective measures, as stipulated in lett.b) par.(2) art.2011 PC RM. Last but not least, it is emphasized that the classification of the offence according to lett.c) par.(2) or par.(3) art.2011 PC RM excludes the additional application of art.150, 151 or 152 PC RM.

70-72

Authors: Stela BOTNARU, Iulia BURAVCENCO

This article is aimed to analyze widely the methods of preventing the commission of crimes by legal persons. The analysis of this aspect has major importance, considering that the legislation of many states have the best solutions to this situation and is in developing. On the other hand, it has been attempted to bring practical examples to highlight the effectiveness of the enforcement of criminal penalties in conjunction with the prevention of the commission of the crimes. This article provides an overview of methods for preventing crime by legal persons and attempts to overlap several points of view on the link between the prevention and the punishment.

82-96

Authors: Oleg BURLACU

The present paper aims to identify, within the framework of international crimes, the constituent element of the international crimes’ subjective side. Starting from the premise that the subjective side encompasses all conditions regarding the psychical attitude of the perpetrator towards the objectivity of his act of conduct, a condition required by law for this act to constitute an offense, it has been attempted to show that, in any international crime, an essential factor is the attitude of the actor's consciousness towards the action or inaction that constitutes an offense, towards the immediate consequence and of the causal link between them. The essential element of the subjective side is the guilt, guilt that embraces various forms in the states’ internal rights, but in the subject matter of the analysis it has been shown that the only form of existing guilt is the intention. This intention is due to the serious and dangerous nature of the facts, facts that are committed under certain conditions, on masses of people, with special effects and obvious danger, thus committing an international crime involves a great complexity and the engagement of some particular forces, which can only happen with a willful manifestation of the deeds’ author. It has been shown that no matter how complex every international crime is, the common element in all said crimes is the manifestation of guilt in the form of intent, for which they are regulated distinctly, precisely because of the high degree of social danger.

106-115

Authors: Violeta M. COJOCARU

In this study there are analyzed the particularities of terrorist act committed with application firearms and explosive substances. It is concluded that in lett.c) para.(2) art.278 PC RM is provides a type-variant of offense, but not an aggra¬va¬ting circumstance attaching to the offense referred to in para.(1) art.278 PC RM. It is shown that committing the terrorist act with the use of weapons other than firearms, as well as objects used as weapons may constitute means of committing the terrorist act referred to in para.(1) art.278 PC RM. It is argued that if the illegal manipulation of firearms or explosives substances constitutes a contribution to committing a terrorist offense, those committed are liable to criminal liability under para.(3) art.2791 PC RM. It is shown that the criminal legislation of most ex-soviet states (except Kyrgyzstan and Kazakh¬stan) lacks the differentiation of criminal liability for the committing the explosion by the use of explosive substances and the provocation of the explosion by other means. Finally, it is proposed to exclude lett.c) para.(2) art.278 PC RM.

123-133

Authors: Nicolae CORCEA, Ghenadie FORTUNA

In the realm of this scientific article there are submitted to the legal analysis some penal aspects of the domestic violence in the form of isolation, intimidation, deprivation of the economic means and negligence. The authors have studied the concept of isolation and intimidation met in the article 2011 of the Criminal code of the Republic of Moldova, as well as the concept of deprivation of the economic means and the negligence (point (c) paragraph 1) 2011 of the Criminal code of the Republic of Moldova). There have been effectuated a comparative research between the acts of persecution as the administrative violation and the criminal offence of intimidation in order to impose the perpetrator’s will upon the victim or in order to control him (her). More over, the authors have proposed several suggestions, which are considered to be relevant for improvement of the penal legislation.

146-152

Authors: Mihail GHEORGHIȚĂ, Svetlana PURICI

One of the basic tasks of investigating cybercrime is to establish all the circumstances of the offense. However, when doing so, they often oppose people who want to escape the offender from criminal responsibility. Not just the destruction of computerized information can be directed to hide the traces of the offense. For the same purpose, blocking or changing information can be made. In the latter case, the offender will direct the investigation in the wrong direction. The latter method is the most dangerous, the offender can mask his identity by modifying the data in the electronic registers, changing the IP address, and data packets, creating false evidence.

161-176

Authors: Alexe JEFLEA, Lilia GÎRLA

In the realm of this scientific article there are studied the religious identity and the confessional intolerance in the penal and extra-penal Case law of the Republic of Moldova. In order to obtain new and complete valid results, the authors have performed the analysis of a considerable number of the cases taken from the Archive of the Supreme Court of Justice. The purpose of this article is observation and demonstration of some blueprints between the religious identity and confessional intolerance, from one side, and their effects upon the penal politics of the State and the precedent law which implies the religious element, from another side. Besides the Precedent Law of the Supreme Court of Justice of the Republic of Moldova the authors have used new results of the modern science and national legislation in force in the matter of religious identity protection. The obtained results can be applied in the future in the criminological science of the Republic of Moldova.

188-204

Authors: Владислав МАНЯ, Дрэгэлин ПЭДУРЕ

The purpose of the present article is the elucidation of the modern tendencies od the criminal doctrine in the domain of discussion of the most actual questions such as application of the criminal law in time. The authors have detected that the legislation of the Republic of Moldova doesn’t offer exhaustive answers about the application of the criminal law in time n the case of continued and prolonged crimes, as well as in the cases of criminal offences committed in the partici¬pation; questions regarding the admissibility of re-qualification of the criminal offences; limits of application of the criminal law which reduce the element of retribution (eliminates the criminal character of the act, attenuates the criminal punishment or improves the situation of the person who committed a crime), as well as its qualities. The authors have submitted to a detailed analysis the fundamental studies in the sphere pf application of the criminal law in time which belongs to N.S. Tagantsev, A.N. Popov, M.g. Reshnyak, E.G. Blagov, M.V. Sumskoy etc. Namely, thanks to these doctrinal sources, the authors have succeeded to build the system approach in acknowledgement of one of the most unclear questions of the Substantive Criminal Law. The authors are coming to a conclusion that the application of the criminal law in time corresponds to the whole criteria of the principle in itself.

210-222

Authors: Drăgălin PĂDURE

In the realm of this article there have been synthesized the most progressive conclusions of the Constitutional court of The Republic of Moldova in the matter of Criminal law application in time. The author has selected a lot of cases from the Case law of the Constitutional court of the Republic of Moldova and has emphasized the most advanced views comprehended by the author as the basic principles in the application of Criminal law. There have been observed that laws on modifications of the Criminal law (incrimination of the criminal offences; establishment of the criminal punishment for such misdeeds, as well as other regulations such as terms of prescription of criminal liability etc.) are based on the principles of the Penal Policy, but the text of law must be edited with clarity. Reversible power of Criminal law is possible only if it a favorable one.

246-250

Authors: Serghei RUSU

The article is a research of one of the most important issues of Private International Law – the operation of qualifications. Provides the reasoning of the suggested solutions to solve the qualification problem in Private International Law and as well substantiating the need to regulate the qualification process.

263-275

Authors: Vitalie STATI

This study provides a thorough analysis of the offences specified in art.217 and 2171 PC RM in relation to the provisions set forth in Law no.193/2016. The entry into force of this law has influenced the content of the special legal object, the material object and, to a lesser extent, the content of the objective side of the offences in question. During the analysis of the constitutive elements and the aggravating circumstances of the offences stipulated in art.217 and 2171 PC RM, there were established the effects of the adoption of Law no.193/2016. In this regard, it is determined the content of the special legal object and the material object of these offences. Additionally, it is established that, plants containing drugs or ethnobotanicals are probably plants containing narcotic or psychotropic substances. It is emphasized that the absence in the penal law and other laws of the definitions of the notions of „plants containing drugs or ethnobotanicals” and „plants containing drugs” makes the penal norms using such notions unpredictable. It is argued why are inapplicable in practice the notions of „ethnobotanicals” and „analogous”, used in art.217 and 2171 PC RM. It is pointed out that, within the context of the offences provided by art.217 and 2171 PC RM, we can establish the amounts only for narcotic or psychotropic substances, as well as for plants containing such substances. As a result, the Government does not set the amounts for drugs (to other than the plants or narcotic or psychotropic substances), ethnobotanicals or their analogues. It is concluded that, in the presence of the last two normative modalities of the prejudicial act specified in par.(1) art.2171 PC RM, the purpose of manufacturing ethnobotanic products is actually the one adding the illegal character to the action. Last but not least, it is established that, with regard to these two normative modalities, the purpose of manu¬facturing ethnobotanic products represents the special purpose of the offence as well.