Studia Universitatis Moldaviae. Stiinte Sociale

3-8

Authors: Serghei BRÎNZA

The quality of legal education is essential for educating the legal professionals. The need for qualitative legal education is valid for both developing and advanced countries that undertake diverse measures to respond to social challenges and requirements. This article is focused on the challenges and opportunities of the legal education from the perspective of the Law Faculty of the Moldova State University. The article also refers to the knowledge and skills of the Law Faculty graduates to be better equipped for the admission into the legal profession. Additionally, the article underlines the systemic gaps and suggests specific reforms to improve the legal education system.

24-30

Authors: Andrei PĂDURE

An increasing number of medico-legal investigations ordered to the Centre of Forensic Medicine to evaluate the quality of medical services has been noticed in the recent years. The present study aimed to establish the trend of these investigations and their structure according to medical specialties – nowadays compared to previous times. The logs of com¬mission’s medico-legal investigations for 2016-2020 were studied, and data of an earlier local study (1998-2008) conducted on a similar lot were comparatively analysed. After 2009-2012 an obviously positive trend of the number of medico-legal investigations has been established. Mainly, 98.1% of the medical staff was charged with criminal offences in relation to medical malpractice. Compared to the previous study, the weight of surgical specialties dramatically decreased due to the increasing number of investigations concerning therapeutic specialties (58.29%). Patient’s death continues to prevail (70.67%) as a cause of complaints regarding the quality of medical care.

36-41

Authors: Валерий КОЛПАКОВ

The author examines the anti-corruption legislation of Ukraine. The article analyses the role of state bodies in the fight against corruption: National Agency for the Prevention of Corruption; National Anti-Corruption Bureau of Ukraine; Specialized anti-corruption prosecutor's office; State Bureau of Investigation. It also analyses the institution of disciplinary responsibility; administrative responsibility; criminal liability. It examines the positive and negative aspects of the “State Programme for the Prevention and Combating Corruption for 2011-2015”; “National Anti-Corruption Strategy for 2011-2015”; Law on the basics of preventing and combating corruption 2011; Law on the Prevention of Corruption 2014; new draft of the Anti-Corruption Strategy for 2020-2024. The documents contain a list of specific restrictions on the use of official position in the receiving of gifts; limited capacity of public servants leading the career concurrently; introduce regulated fundamental rules of ethical conduct for civil servants; strengthen the financial control (paying special attention to providing the declaration of income); the legislator specified the persons having the authority to assist in the fight against corruption; realisation of special checks of candidates applying to high-level government positions. The conclusion that this paper formulates is that the progress of anti-corruption efforts depends on the quality of the normative support for combating corruption.

55-63

Authors: Aurel BĂIEȘU

This article is devoted to the institution of interest on late performance, which is allocated to compensate for the damage resulting from the late performance of contractual obligations, known by most legal systems and instruments of uniform contract law. Despite the trend of approximation of regulations in this area, the legal systems contain different solutions regarding some aspects of this institution. Respectively, the arbitral tribunals give different solutions, depending on the legal regulations and the international commercial customs that they consider applicable to the case, the jurisprudence in this field being non-uniform. The article analyses the different approaches in comparative law, arbitral practice and in doctrine regarding the institution concerned.

84-87

Authors: Aliona CHISARI-RURAK

In the context of the SARS-CoV-2 pandemic, the approaches aimed at maintaining medical secrecy have changed. In certain contexts, in compliance with legal provisions, the presentation of information that constitutes professional secrecy of the health worker to other persons, without the consent of the patient or their legal representative is allowed in case of spread of contagious diseases, intoxications and other diseases that represent a mass danger.

95-99

Authors: Anatolie BĂNĂRESCU, Iulia BĂNĂRESCU

In the Roman law, the will was a unilateral act and mortis causa, characterised by the fact that the one who drafted it could change their mind until the day of their death and withdraw their will. The will was seen as a unilateral deed and it meant that the testator, while still alive, could cancel the will left or change the name of the heir to whom the property would revert at any time. Therefore, the will could never be considered a contract. Even if some would say that two people also participated in the will  the one who left the will (the testator) and the one in favour of whom it was left (the heir)  the logic given is wrong, because the heir did not know that they were left a legacy until the testator's death. This was kept secret.

105-113

Authors: Cristian BRÎNZA

The object of the present investigation is the juridical status of certain categories of persons (notary; trainee notary; medical staff, including employees of the individual office of the family doctor and the family doctor centre) to determine whether they fall under para. (2) art.123 or art.124 of the Criminal Code. It is shown that the substitution of Law no.1453/2002 for Law no.69/2016 did not influence the fact that a notary continues to have the quality of a public person under para. (2) art.123 of the Criminal Code. The trainee notary does not have such a quality because they are part of the personnel carrying out auxiliary activities. Any remuneration or other patrimonial advantages received by the trainee notary through extortion for the performance of work or provision of services related to their service obligations falls within art.256 of the Criminal Code. The medical staff of the private medical service providers (including the employees of the individual office of the family doctor and of the family doctor centre) has, as the case may be, the quality of: 1) persons administering a commercial, social, or other non-state organisation (if they exercise administrative or organisational-economic actions); 2) persons, who work for a commercial, social, or other non-state organisation (if they do not exercise administrative or organisational-economic actions, but perform actions producing juridical effects); 3) administrative-technical personnel (technical personnel; technical service personnel; personnel carrying out auxiliary activities) (if they neither exercise administrative or organisational-economic actions, nor perform actions producing juridical effects).

128-139

Authors: Cristina PÎRŢAC

The present study focuses on the analysis of the alternative normative modalities for expressing the prejudicial act provided in art. 332 of the CC RM (forgery in public acts). It is shown that in the event of entering false data, the prejudicial act is directed to an existing official document. It is pointed out that both prejudicial actions provided in art. 332 CC RM could coexist in some cases. There are reported cases when the public person or the person with public dignity function fails to reflect complete truthful data in the official documents, the reality being distorted by the inclusion of some data in an incomplete volume. Currently, such omissive acts cannot fall under the incidence of art. 332 CC RM. It is argued that the omission to include authentic data in the official document must be categorised as an alternative normative modality of forgery in public acts, but not as a factual modality of inaction that forms the content of the material element of abuse of power or abuse of office.

148-153

Authors: Ion GUCEAC Jr.

In order to understand the notions used in the field of compulsory and/or optional health insurance, we consider it opportune to analyse the doctrinal and legislative concepts in this regard. We believe that a better understanding of the concepts in the field of protection of patients' rights is their analysis based on certain criteria. It will form in the cognition of the one who is interested in the research of the protection of patients' rights a multi-aspectual and multidisciplinary vision through the prism of the approaches presented below.

168-176

Authors: Cristina PAPANAGA

This article is dedicated to the analysis of scientific materials, published in the Republic of Moldova, based on the investi¬gation of the unity and plurality of money laundering crimes. In order to develop and substantiate a research methodology of several publications (in chronological order), we have highlighted a number of authors, who contributed to the study of the issue, investigating complexly and detailed theoretical and practical aspects, related to the unity and plurality of crimes in case of money laundering, provided in the article 243 of the Criminal Code. These authors’ works explain in comparative plan the legislative formulation of the crime, as well as to solve some collisions that appeared in practice, regarding the qualification of money laundering facts forms, using in this sense the deductive analysis. The purpose of this study is to examine the general and particular aspects of legal-criminal nature of the forms of unity and plurality of money laundering, through the prism of scientific materials investigated.

189-198

Authors: Inga DARII

This scientific article approaches the structure of criminal punishment executing, as well as its serving. Therefore, the notion of criminal punishment in the contemporary science was identified; the correlation between the execution of the criminal punishment and its serving was demonstrated; the executional penal relationship was examined along with structural items of executing and serving criminal punishments by the convicted persons. The conclusions formulated at the end of the study can be taken into account during the process of reconceptualization of the modern penology.

203-208

Authors: Andrei MUNTEAN

At present, based on the modern criminal laws of the continental legal system, we consider valid the statement that the judicial rehabilitation procedure is initiated only at the request of the person executing the sentence and cannot be initiated ex officio or at the request of other persons or institutions. On the basis of the submitted application, the competent court verifies the existence of the conditions required by law for the granting of rehabilitation and issues a decision in this regard. As in the case of legal rehabilitation, to grant judicial rehabilitation, the law provides conditions regarding the conviction, the rehabilitation terms, the conduct of the convict, etc. Establishing the conditions for granting rehabilitation is also a guarantee for the convict, because, if it is found that they are met, the court cannot refuse rehabilitation on the grounds that it would not be appropriate.

215-221

Authors: Doina CEBOTARI

The purpose of the paper is to study the existing international legal background of readmission, as well as to analyse bilateral and multilateral treaties in the area of migration aiming to safeguard the compliance with the essential human rights and freedoms. Likewise, priority is given to the solidarity of states in providing international legal assistance in criminal matters. Special attention is paid to the implementation of the readmission mechanism in the case of aliens and stateless persons who have well-founded fears of returning to their state of origin. In such circumstances, they fall under the principle of non-refoulement as potential refugees or asylum seekers. Special procedures are established to recognise their status. The conclusion is made that the international legal instruments for preventing illegal migration should be combined with the full respect for the universal standards of human rights, which must be reflected in readmission treaties as well as in the implementation of legal instruments to prevent and combat illegal migration.

229-233

Authors: Corina ȘIMAN

The binding force of the judgments issued by the Strasbourg Court is a major “pillar” that the system established by the Convention for the Protection of Human Rights and Fundamental Freedoms rests upon. While the binding nature of the Court's judgments, reiterated by international bodies on various occasions is sometimes not taken into account, there are certain instruments aimed at revitalising the process of executing the neglected judgments of “conviction”.

240-245

Authors: Inna SOȚCHI

Safety and health at work are vital components of decent work. Industrial accidents have a significant human, social and economic cost, which we should strive to eliminate by ensuring that all jobs are safe. In the Republic of Moldova, the pandemic created by COVID-19 virus infection reached a number of 254.213 infections, of which 15.000 medical staff and caused over 6.000 deaths, including over 90 doctors and nurses. Thus, it is important to analyse the medical workers in terms of labour law, especially the aspects related to the social benefits offered to the medical workers.

254-258

Authors: Ludmila DUMNEANU, Mihaela BOTNARENCO, Mihai ŞTEFĂNOAIA

Although the legislative regulations concerning the traffic of drugs have rapidly extended, this field of activity is still far from perfection. The implicit character of some terms from the criminal dispositions concerning drug trafficking generates the formal uncertainty of the penal law. The formation of a positive liability of the individual is impossible without the ensurance of the clarity and predictability of the criminal law. In this regard, the evasive and/or estimated regulations related to drug trafficking do often become an obstacle for the person who really wants to know their rights and obligations which appear in direct connection to the drug regime.

266-270

Authors: Carolina BUDURINA-GOREACII, Selena STEJARU

Covid-19 has caused major disruptions all over world. The ongoing pandemic is already affecting many aspects of our daily life and will undoubtedly force rearrangements in our globalised society. As many experts are saying, this is a moment of “before-and-after” the crisis. This article will analyse the management of the activities of civil society institutions during the COVID-19 pandemic. In particular, some aspects regarding the resizing of civil society institutions in the planning of activities will be examined, but also the steps to be followed to maintain their existence during the pandemic. These elements target the staff and volunteers of the organisation; the community; donors and other stakeholders.

280-282

Authors: Artur SOSIN

The end of Cold War changed the entire international system, made the world much more unpredictable, ambiguous and complex. The collapse of the Soviet Union had a direct impact on the contemporary international system as well as on the relations among countries. These challenges played an important role for international organisations, by making them to be more consolidated and prepared for the new challenges. The number of conflicts has significantly increased at both regional and international level. The political and economic sanctions, the transition to democracy and the emergency of nationalism were the key factors which transformed the world in a place which is no longer secure. All these transformations have confirmed the fact that international organisations need to consolidate their efforts in order to be prepared for the provocations in such a challenging world. Nowadays, the international security environment is facing a lot of problems and difficulties, make it less secure and more complex. The new type of conflicts and crises which have emerged in the last decades demonstrated that there is no a single international organisation that can deal with this kind of conflicts alone. This is why, it is important to understand the roots and the concept of the conflict, by understanding the whole spectrum of the crisis environment, such as culture, language, and religion. All the international organisations which are responsible for maintaining international peace and security should unify their efforts in order to be interoperable and to respond to the threats by implementing the concept of collective security.