Studia Universitatis Moldaviae. Stiinte Sociale

3-13

Authors: Serghei BRÎNZA, Vitalie STATI

Article 3201 of the Criminal Code of the Republic of Moldova provides for liability for intentional non-execution or evasion from the execution of measures established by the court in the ordinance for the protection of victims of domestic violence. The present study aims at: establishing the dysfunctions that characterize either the practice of applying art.3201 of the Criminal Code of the Republic of Moldova, or the normative framework regarding the measures for the protection of the victim of domestic violence; proposing solutions to eliminate these dysfunctions. It is revealed that the first dys¬function consists in the omission to retain in qualification some criminal and / or contraventional acts that accompany the commission of the crime provided in art.3201 of the Criminal Code of the Republic of Moldova. It is argued that the crime, provided in art.3201 of the Criminal Code of the Republic of Moldova, cannot absorb other criminal or contra¬ventional acts. Another dysfunction is the sometimes superficial interpretation of the provision of let.b) para.(2) art.2011 of the Criminal Code of the Republic of Moldova. This interpretation has the effect of overestimating or underestimating the degree of social danger of the committed acts. The following dysfunction, related to the practice of applying art.3201 of the Criminal Code of the Republic of Moldova, is expressed in that the delimitation of the single prolonged crime from the cumulation of crimes is made according to obscure criteria that do not respect the principle of legality. Finally, the dysfunction, which characterizes the normative framework regarding the measures for the protection of the victim of domestic violence, consists in the reduced effectiveness of the protection measures established in the legislation of the Republic of Moldova. In order to increase the efficiency of these measures, it is recommended that the legislator completes the list of protection measures, established in para.(2) art.2787 of the Code of Civil Procedure of the Republic of Moldova and in para.(1) art.15 of Law no.45/2007.

22-29

Authors: Violeta COJOCARU, Aliona CARA-RUSNAC

This study researches the right of withdrawal from distance contracts, and contracts which gives the possibility of termination of contracts signed by subjects in distant relations (online format) by consumers. It discusses the advantages and disadvantages for both sellers and consumers, the time-limit of the right of withdrawal, the effects of the exercise of the right of withdrawal. The case-law of the Judicial Court of the EU will be called into question, with national courts investigating disputes such as compensation and cases in which a business is entitled to a claim, the limits and disputes that arise between European directives and the laws of the Member States, the existing legislative provisions on the na¬tional territory. Furthermore, the article covers the prescription period and other related aspects. Finally, we make conclusions and recomendations with regard to the right of withdrawal.

42-54

Authors: Svetlana SLUSARENCO, Veronica POZNEACOVA

Income tax and corporate tax represent some of the primary sources of income of the state, being placed at the top of the hierarchy of the tax system. Each state regulates taxes differently. In particular, the percentage share differs, which is a manifestation of state sovereignty in matters of taxation. Currently, only the income tax is regulated in the Republic of Moldova’s legislation, but the legal entities that disburse Value-Added Tax pay the tax calculated from the amount of the obtained profit. There is a confusion between the notion of income and profit in the current regulation. Some uncertainties arise in the calculation of the income tax paid by legal entities that disburse VAT. In this context, it is necessary to define the notions of income and profit, as well as to analyze the existing regulations in comparative aspect, in order to determine the specifics of regulating the corporate tax in the Romanian legislation, which represents the model for regulating the respective tax. This study analyzes the correlation between the notion of income and profit, as well as the specifics of tax regulation, the taxable object of which is the income or profit of natural and/or legal persons. In order to achieve this goal, we analyzed the income tax, as well as its regulation in the current legislation of the Republic of Moldova and Romania, in comparative aspect.

66-75

Authors: Vitalie STATI

The object of this study is the controversies and clarifications on the generic juridical object of offenses of violation of citizens' rights by spreading fascism, racism and xenophobia and denying the Holocaust, which are provided for in art.1761 of the Criminal Code of the Republic of Moldova. It is argued why the legislative concept of establishing the generic juridical object of the offenses provided for in art.1761 of the Criminal Code of the Republic of Moldova is baseless. However, the achievement of social relations with regard to the realization of the constitutional rights of citizens does not express the generic essence of the offenses provided for in this article. It is clear from the name of Chapter V of the special part of the Criminal Code of the Republic of Moldova that the offenses, provided by this chapter, must involve the violation not of any right, but of a right established in the text of the Constitution of the Republic of Moldova. However, the provision of art.1761 of the Criminal Code of the Republic of Moldova does not confirm this thesis. Also, in none of the analyzed foreign criminal laws, the norms similar to art.1761 of the Criminal Code of the Republic of Moldova are not part of a chapter (title) dedicated to offenses against the constitutional rights of citizens. As a result, it is wrong to place art.1761 in Chapter V of the special part of the Criminal Code of the Republic of Moldova. Finally, it is concluded that the acts, incriminated in this article, should be provided for in Chapter I and Chapter XIII, respectively, of the special part of the Criminal Code of the Republic of Moldova.

80-83

Authors: Aliona CARA-RUSNAC

This study will reflect the analysis of geoblocking, which is considered a discriminatory practice that prevents access to trade in electronic civil legal acts. By adopting Regulation (EU) 2018/302 it aimed to stop discrimination on grounds of nationality or place of residence, namely by standardizing and normalizing access to prices, sales and payment terms. Geoblocking involves the use of online vendor practices that lead to denial of access to websites in other member states. While external barriers create additional complications and additional costs for the trader, the differences in customer treatment are based on objective criteria. Geoblocking involves the use of online vendor practices that lead to denial of access to websites in other member states. Geoblocking in the online environment also involves overcoming unjustified barriers to online discrimination, which makes it difficult to execute civil legal acts by blocking access to websites, refusing delivery, or applying substantially high prices, on the other hand, it is a catalyst for concluding and executing civil law acts. Unfortunately, developing countries are the most affected. One remedy at national, regional or international level would be to strengthen the common digital market.

94-98

Authors: Oleg TELEVCA

From the proclamation of independence until now, the field of local public administration has represented and represents an obvious interest to our society. An absolutely important compartment is the one to regulate and guarantee the financial autonomy of the local public authorities, in order to fulfill to a maximum capacity the functions assigned to them. The present study aims to elucidate in depth an aspect of the structural components of local public revenues, namely local taxes. In particular, we dedicated this study to establish a relatively new local tax for the Republic of Moldova, namely the “sanitation tax”. We set out to research this in terms of two aspects: fiscal and ecological. Or, both the fiscal aspect, which is of absolute interest for completing the revenue compartment of local budgets, but also the ecological one, which is concerned with the entire international community, at the current stage. The sanitation and greening of public spaces is a priority for modern society, to correct the negligence and mistakes made by state institutions in recent decades, which will lead to an increase in the living standards of citizens.

104-107

Authors: Tatiana MIHAILOV, Aliona CHISARI-RURAK

The current labor legislation gives a decisive role to the age criterion and conditions the appearance or termination of an employment relationship based on it. And if, in this particular case, the legality of establishing a minimum age for obtaining labour capacity is not in doubt, then establishing at the legislative level an age limit which, once reached, entails to the termination of contractual employment relationship, is to be analyzed in terms of legality and compliance with the non-discrimination principle within the employment relationships.

114-119

Authors: Natalia GAVRILENCO

The dismissal of the judges in disciplinary proceedings is a mechanism for termination of employment of the judges. These relationships are analyzed from different perspectives, other than those arising between an employee and an employer, due to the fact that judges are persons with a function of public dignity. In this sense, the degree of research aims to elucidate the grounds of the judge's dismissal, the causes and effects of the termination of such atypical employment relationships. The author starts from the thesis: in the matter of disciplinary liability, it is very important to strike a balance between the need to sanction the conduct of the magistrate and the need to respect the procedure, to know the grounds for discipli¬nary liability and their effects. In conclusion, the author emphasizes that the aspects of the atypical labor relations of the judges must be discussed for various reasons, analyzing the judicial practice as well. Thus, the author will address the dismissal of the judge in case of committing a disciplinary offense.

126-134

Authors: Elena ARAPU

Subjective civil rights are designed to confer the holder certain prerogatives which consist in acting in a certain way and claiming certain conduct on the part of the other subjects of the civil legal relationship, resorting if necessary to the coercive force of the state, but exercising them is conditioned by good faith, by law, contract, public order and good morals. However, the history of mankind shows that the temptation to exercise subjective civil rights beyond these limits is in¬vincible if, out of self-interest, holders of subjective civil rights are willing to defy the interest pursued by the legislator. Or, by doing so, defying the very spirit of the law. The analysis of the abuse of law is incompatible with circumventing the concept of good faith, as the abuse of law is a particular form of violation of the principle of good faith, and the source of the sanctioning system of abuse of law is the violation of the principle of good faith.

147-154

Authors: Valentina DONI

Given the evolution of the existing regulations on parental leave up to the age of 3 years granted to the father and the need for correct and complete information, we will deepen into the subject by dealing with the essential issues in relation to the legislation in force and some doctrinal aspects. In this article, the following aspects are to be investigated: the notion, the duration, the conditions of access to the receipt of allowances during the parental leave by the father, the guarantees enjoyed by the father on parental leave. The actuality of the investigated theme is manifested in the conditions of legal equality between mothers and fathers in raising and educating children.

162-166

Authors: Deonis TOMOV

Crime, as a social and economic phenomenon, involves many aspects that need to be identified and addressed both doctrinally and practically-applicatively in order to increase the anti-crime ensemble. A major aspect in approaching the phenomenon of crime is to know the forms of its manifestation in various spheres of human activity, including from a criminological perspective, such as apparent crime, legal crime and real crime. The dynamics of the criminal phenomenon in recent years and the efforts of state institutions and civil society to deal with it in a coherent and effective manner requires the implementation of a national strategy to prevent crime, as, in the case of corruption, the National Integrity and Anticorruption Strategy from 2017-2020 (currently continued). But the most difficult thing for a company is when the official of that company, the one who under oath undertook to perform a service for the benefit of society and the state, also becomes a potential delinquent who uses his function and duties to obtain undue benefits, to ensure a much richer life than that which, in principle, he could not have. For this reason, I also chose to study "illicit enrichment" – a criminal phenomenon known to society for a short period, starting with 2014 when the drafting of the Criminal Code of the Republic of Moldova appeared art.3302, a rule of incrimination which arouses applicability and its effectiveness. Respectively, it is a very current topic, because the judicial practice in both criminal and judicial proceedings faces problems related to the applicability in practice of criminal rules that criminalize acts of illicit enrichment, and here we refer not only to the incriminating rule, but also to other norms such as those regulating the confiscation of property, proof of substantial difference, burden of proof, etc.

178-183

Authors: Corneliu DONI

This article examines the problem of violations of labor law in public procurement. These violations comprise the inclusion in the breakdown of costs of a salary cost below the guaranteed minimum level, the non-inclusion of the annual leave and social security contributions, the non-compliance with labor legislation and breakdown of costs at the stage of execution of contracts. The solution is to monitor public procurements more closely in terms of compliance with the labor law.

190-194

Authors: Stela MILICENCO

As a science and a profession, Social Work has its modern origins in the contemporary era, and as an activity of helping people in need, it has a much longer history, being associated with extensive acts of charity and philanthropy. In this article the author reports on welfare activities, which have been recorded in virtually all civilizations of the world, developing to achieve its main mission: to strengthen social solidarity, intervening in favor of those disadvantaged, marginalized or at risk of social exclusion by providing support for a decent standard of living, and in support of the development of one's own abilities and skills for proper social integration.

201-209

Authors: Carolina BUDURINA-GOREACII

In early January 2022, Kazakhstan faced the worst street protests the country has seen since gaining independence three decades ago. The explosion of instability caused significant concern for Kazakhstan's two powerful neighbors: Russia and China. The country sells most of its oil exports to China and is a key strategic ally of Moscow. A sharp rise in car fuel prices at the beginning of this year sparked the first protests in an isolated western oil town. However, they spread to several localities, which came under the scrutiny of the entire authoritarian government. In this article, we aim to analyze the causes of the outbreak of protests in early 2022 in Kazakhstan, as well as the evolution, results and implications, internally and externally, that these events would have for regional security.

221-229

Authors: Лариса ТАЛМАЗАН

The Republic of Moldova, like most of the post-Soviet states, is faced with the problem of forming a national elite. The problem was that after the collapse of the USSR, it was necessary to move from the status of the regional elite to the status of the national elite in a very short time, form an active composition, to define strategic goals and act as an independent actor in the international arena. The main problem was that the main applicants did not have proper professional training in the field of public and municipal administration, strategic planning and forecasting skills. Despite all the difficulties of the process, today we can say that a national elite has formed in the Republic of Moldova. One of its distinctive characteristics is fragmentation, which is characteristic of countries with poorly developed democracy and weak political governance. On the other hand, the national elite is characterized by coalitionism, which, at different time intervals, is formed according to different principles, depending on the strategic goals put forward by the national elite.