Studia Universitatis Moldaviae. Stiinte Sociale

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.