Studia Universitatis Moldaviae. Stiinte Sociale

3-11

Authors: Serghei BRÎNZA, Vitalie STATI

The present study analyses certain aspects concerning the relationship between the notion of instigation to crime and certain related notions: 1) the absorption of the quality of instigator by the quality of author; 2) the distinction between the author and the instigator; 3) the cumulation of the quality of instigator and the quality of accomplice; 4) the distinction between the instigator and the organiser; 5) the distinction between the instigator and the accomplice; 6) the distinction between the instigator and the provocateur. It is shown that, in that case when the instigator fulfils – exclusively or additionally the function pro¬vided by para. (2) art.42 CC RM, they will answer only as (co)author. It is argued that the influence exerted by the instigator on the author must not have the effect of paralysing their will. Otherwise, the instigator must be considered a mediated author of the crime. It is demonstrated that the cumulation by the same person of the quality of instigator with that of accomplice implies the application of para. (4) and (5) art.42 CC RM, as well as of the norm from the special part of the Criminal Code which provides the liability for the act committed by the author. The article highlights that the combination of the quality of organiser and the quality of instigator is not excluded. In such a case, the qualification is made according to para. (3) and (4) art.42 CC RM, as well as to the norm from the special part of the Criminal Code which provides the liability for the act committed by the author. The conclusion is that giving advice and instructions is possible both in the case of instigation and complicity. However, the advice and instructions in the case of the two activities differ in the moment of interaction of the instigator and the accomplice with the author, as well as in the nature of the advice and instructions given to the author. It is established that the provocation of the crime does not correspond to the definition of the notion of participation, formulated in art.41 CC RM.

20-28

Authors: Dorina GUREV, Dorin POPESCU, Gheorghe RENIȚĂ

The application of criminal law in space is governed by several principles. One of these principles involves the application of criminal law depending on the person's nationality. Thus, citizens of the Republic of Moldova and stateless persons permanently residing on the territory of the Republic of Moldova who have committed crimes outside the territory of the country may be held criminally liable according to the Criminal Code of the Republic of Moldova. This article addresses the issue of the application of the criminal law of the Republic of Moldova in the event of committing on the territory of another state by a citizen of the Republic of Moldova or stateless person domiciled in the territory of the Republic of Moldova a crime, and the victim is also a person citizenship of the Republic of Moldova. In this regard, it was concluded that criminal proceedings may be initiated and conducted in the Republic of Moldova, without taking them from the state in which they were committed, for criminal acts committed outside the territory of the Republic of Moldova by citizens of the Republic of Moldova and stateless persons permanently residing in Moldova.

38-45

Authors: Stanislav COPEŢCHI

The present study examines the error of fact and the error of law. Also, a comparative study in the matter of error is performed. Some qualification rules are formulated according to the type of factual error admitted by the perpetrator in the process of committing the crime. It is emphasized that the error of fact must be distinguished from the offense committed recklessly. In particular, error should not be confused with criminal negligence. In the case of the factual error, only the error on the circumstances that forms signs of the composition of the offence is relevant to the qualification. In contrast, the error in relation to the circumstances which are not attributed to the circle of signs of the composition of the offense is not relevant in the qualification of offences. The error can be identified, in particular, in relation to: a) the signs that characterise the object of the offence and, b) the signs that characterise the objective side of the offence.

55-59

Authors: Iulia BĂNĂRESCU, Anatolie BĂNĂRESCU

Any activity represents a totality of actions carried out at certain stages. The work of courts in civil cases is carried out for the purpose of resolving the civil case. The conduct of the civil lawsuit process takes place through the successive transition from certain procedural acts to subsequent ones, in a certain order provided for by the Code of Civil Procedure and are grouped into stages, which in the literature are called phases of the civil process.

67-82

Authors: Doina CAZACU, Veronica POZNEACOVA

The principle of self-determination or the right of peoples to dispose of themselves, is a fundamental principle enshrined in several international treaties. So, we can claim that the necessity of studying this principle both from the historical perspective and from the perspective of its applicability in practice is justified by the impact of this principle both on the peoples who invoke it and on the international community in general. In this study, we examine the various meanings of the right of peoples to self-determination, establish the limits of application of this principle, or, conversely, note the pronounced tendency of national minorities and ethnic groups to refer to it contrary to the purpose of this principle.

89-92

Authors: Ion CREȚU

The acquisitive prescription is a way of acquiring property through the effect of long-term possession and this determined the need to find some legal reasoning to justify its existence and, respectively, to outline its legal content. The questioning of the justification of acquisitive prescription promotes the good understanding of the essence and legal nature of this important institution of private law.

99-104

Authors: Mihaela ANGHELUȚĂ

This article shows that, a person’s mental (moral) freedom suffers as a result of committing the crime provided in art.155 of the CC RM. The person's health cannot form the specific social value affected by this crime. If the perpetrator decides to commit the murder or severe bodily injury or damage to health, then the qualification cannot be applied based on art.155 of the CC RM. In this case, the liability should be applied either only for murder or severe bodily injury or damage to health, or both under art.155 of the CC RM, as well as for murder or severe bodily injury or damage to health. In the case of the crime provided in art.155 of the CC RM, the perpetrator cannot communicate to the victim the intention to kill them or to cause them a severe bodily injury or damage to health. If the perpetrator had such an intention, then the communication of their intention to kill the victim or to cause them severe bodily injury or damage to health would be the oratorical phase of the murder or the intentional severe bodily injury or damage to health. Such a moment would not mean either the consummation of the crime provided in art.155 of the CC RM, or of murder or severe bodily injury or damage to health.

109-115

Authors: Adrian LUNGU

In the last period of time, the competitions for leadership positions of public health care coincided with the development of the political crisis at national and local level. The decision of the Parliament of the Republic of Moldova no. 89/2021 on the approval of the list of ministries and the President's decree no.129-IX of 06.08.2021 on the Government's appointment gave the Ministry of Health the opportunity to cancel the competitions for directors’ position in several healthcare institutions that were in progress, even if some of them have obvious signs of vice/corruption. The assessment of the legality and validity of the competition's results belongs to the jurisdiction of the court and only as a result of the exercise of the subjective right of one of the candidates to contest them. Unfortunately, the normative framework that regulates the appointment of the heads of public medical institutions on a competitive basis, also implies multiple deficiencies that have a negative impact on institutions’ activity and teams; on healthcare services and beneficiaries, including on the relations between the central and local public administration. Consequently, the specialised central public administration authority will soon be able to promote amendments and completions in order to eliminate the gaps in the legislation.

121-124

Authors: Aliona CHISARI-RURAK, Tatiana NOVAC

SARS-CoV-2 infection implied additional obligations for all states whose citizens were infected by this disease. Besides all the multiple measures, the social benefits paid to the persons who suffered of this disease and to their descendants play a separate role.

130-135

Authors: Veaceslav BOTNARI

Provisional remedies in civil lawsuits consists of a number of procedural measures with the purpose of safeguarding the effective enforceability of a judgment if the plaintiff’s claims are recognised eventually. These measures, sometimes being wrongly ordered, or because they no longer achieve their purpose, may be subject of appeals from interested parties.

140-151

Authors: Octavian BIVOL

In this article we aim to analyse the scientific materials on criminal liability for official misconduct (art.335 of the Criminal Code) published in the Republic of Moldova. We mention that the research of criminal law norms without performing a complex analysis in conjunction with ideas, conceptions, theories, principles about criminal law norms and institutions analysed in monographs, textbooks, treaties, university courses, studies, scientific articles in the field, which have as object of study or which reflect to a certain extent the content aspects of the crime of official misconduct, would undoubtedly not lead to the achievement of the proposed and expected results for the research. Among the local authors who carried out legal-criminal investigations of the crime ‘official misconduct’ from the perspective of substantive criminal law, and whose visions will be the scientific-theoretical basis of the research project are: Sergiu Brînza, Vitalie Stati, Ruslan Popov, Ion Țurcanu, Valeriu Cușnir, Ivan Macari, Tudor Popovici, Alexandru Borodac. The works of the mentioned authors will decisively constitute the theoretical basis of the present research.

160-167

Authors: Anastasia BOLDESCU

The works analysed in the present investigation represent the theoretical basis of the legal-criminal analysis of the offence of illegal hunting, provided by the art.233 of the Criminal Code of the Republic of Moldova. For this purpose, we examined the scientific materials on criminal liability for illegal hunting published abroad. The authors of these materials are: S.Brînza, V.Moraru, V.Stati (Republic of Moldova); V.Nicolcescu, R.Ionescu (Romania); L.A. Zueva, R.A. Zabavko (Russian Federation); S.A. Golub, I.O. Khar, O.A. Usitki (Ukraine); V.Khomich, A.Soltanovich, V.V. Misyurin (Republic of Belarus); V.A. Novikov, D.S. Igilmanova (Republic of Kazakhstan). The scientific significance of the examination of these materials consists in capitalising on some ideas that derive from the analysis of comparative law of the offences provided by the art.233 of the Criminal Code of the Republic of Moldova, art.42 of the Romanian Law no.407/2006, art.258 of the Criminal Code of the Russian Federation, art.248 of the Criminal Code of Ukraine, art.282 of the Criminal Code of the Republic of Belarus and art.337 of the Criminal Code of the Republic of Kazakhstan. The analysis carried out demonstrates the relevance of the examination of the offence provided for in the art.233 of the Criminal Code of the Republic of Moldova. The conclusion is that in the process of redesigning this article and the related extra-penal regulations, the Moldovan legislator did not always take into account the arguments set out in the penal doctrine.

177-188

Authors: Vadim PRISACARI

In the present study we performed an analysis of the prolonged crime – a form of the criminal unit. We identified the features of the prolonged crime, including from a comparative perspective. In this sense, the criminal laws of some foreign states were analysed (e.g. Romania, Spain, Italy, Bulgaria, Greece, Belgium, Croatia, Czech Republic, Turkey, Portugal, Latvia, Poland, Slovakia, and Georgia, etc.). Accordingly, certain rules for the classification of the prolonged offence were determined. Several conclusions were reached, including: a) commission of different (non-similar, non-identical) criminal actions (inactions), even on the basis of a single intention, cannot form a single prolonged crime, but a multiple offences; b) when qualifying a prolonged offense, the totality of criminal actions (inactions)must be taken into account, not only a separate action (inaction); c) the unity of the victim of the crime (passive subject) should not be seen as a mandatory feature (condition) of the single prolonged crime.

195-199

Authors: Mircea GLADCHI

This article presents the conceptualisation of the reflection of the attributes of the property right on the environmental objects that can be also the objects of the property right. Limiting the attributes of property rights to conserve and reduce the exploitation of natural resources is vital to the possibility of applying the concept of property rights to these specific objects. Respectively, we will analyse the forms of limitation of these attributes and the way they are manifested through the prism of the legislation as well as conceptualized in the doctrine. Predisposed are those rigors of use of natural resources and the ideas that reside in the applicability of the property right on them.

204-211

Authors: Vasile JOSAN

Civil procedure exceptions, along with procedural sanctions are the main pillars of the civil procedure. This article analyses the exception of tardiness in the civil procedure and the difficulties which occur upon its invocation and examination. In particular, it refers to the right of the participants in the process to raise the exception of tardiness, its admission or rejection by the court, loss of right to raise the exception of tardiness, exception to the general rule to raise the exception of tardiness, court’s empowerments to examine this procedural defence and case study. Suggestions are made to improve the legal framework, capable of offering solutions to the nuanced issues.

220-229

Authors: Lavinia Andreea CODREA

The issue of the defining elements of a truly fair justice system has become a constant and consistent concern of international and/or regional political and legal organisations. Given the scale of the phenomenon of establishing and resorting to international courts and tribunals, reflecting, among others, the preference and availability of international actors for settling their disputes by independent and impartial decision-makers, the principles and values of the international judiciary have been subjected to discussions in an increasingly elaborate manner. Among these, judicial independence occupies a special position, being tightly connected to the issue of the legitimacy of such institutions, as an essential factor in ensuring voluntary compliance to the internationally adopted decisions. In this context, the present paper addresses the independence of the judiciary in international courts, both in terms of the fundamental theoretical contributions and from a practical perspective, by following the institutional provisions and guarantees for ensuring an independent and impartial judiciary in the statutes of two of the most relevant international courts, namely the International Court of Justice and the International Criminal Court.

241-249

Authors: Svetlana CEBOTARI

Afghanistan is located at the crossroads of four most populous and resource-rich regions in the world: South Asia, Central and North Asia, the Middle East and the Far East. Afghanistan's geo-strategic and geopolitical location in Asia plays an important role in world politics, international relations, regional and international security. Today, Afghanistan remains an area of conflict between the interests of the centres of power and some countries in the region. The richness of the subsoil, the geographical location or the ethno-religious composition of the population of Afghanistan are issues of interest and control for the countries in the region. The countries most interested in Afghan stability are India and Pakistan and, last but not least, China. A stable Afghanistan is important for the regional security of South Asia, including India, Pakistan, and China. This article aims to highlight the geopolitical and geostrategic role of Afghanistan for Central Asia. The main interests of actors such as India, Pakistan and China in Afghanistan are also highlighted.

259-265

Authors: Selena STEJARU, Carolina BUDURINA-GOREACII

The United Nations marked 75 years since its founding in a time difficult for the whole world - the fight against the COVID-19 pandemic, an unprecedented global challenge that affected all spheres of the society and the individual lives. In absence of a coordinated multilateral response, it would be difficult for states to address individually and effectively the socio-economic consequences of the pandemic. The article explores how the system is configured to cope with such a global crisis. Authors will focus on the role of multilateral diplomacy, which has proposed a general agreement that requires joint efforts to manage the crisis, although the response seems largely unilateral. The management of COVID-19 pandemic outlined a multidimensional change of the international system, stemming from the lines of error in the global health policy, obsolescence of the UN Security Council, the timely inclusion of specialised UN agencies, civil society, research community and the global health expertise.

275-280

Authors: Natalia BARGAN, Anastasia OCERETNÎI

The 2014 Population and Housing Census aimed to obtain comprehensive and quality information, from the smallest territorial-administrative unit to the national level, necessary for the foundation of national demographic and socio-economic policies, for international organisations, academia and business, and not least for the general interest of any national or international user. The successful completion of the census depends very much on the organisation and quality assurance of the census at all stages – preparation, execution, data processing and dissemination of results. This article presents a methodological aspect concerning the organisation and conduct of the 2014 Population and Housing Census in accordance with inter¬na¬tional requirements in the context of current challenges and provides reflections on the difficulties and circumstances in doing this important statistical exercise.