Studia Universitatis Moldaviae. Stiinte Sociale

3-15

Authors: Serghei BRÎNZA, Vitalie STATI

The amendments, operated by Law no.111/2022, concern the Criminal Code of the Republic of Moldova and the Contravention Code of the Republic of Moldova. The focal points of these amendments are: 1) the definition of the notion “grounds for prejudice” in art.13421 of the Criminal Code of the Republic of Moldova and in art.463 of the Contravention Code of the Republic of Moldova; 2) fixing the notion in question in some norms of the Criminal Code of the Republic of Moldova and of the Contravention Code of the Republic of Moldova; 3) the definition of the notion “person with disabilities” in art.13422 of the Criminal Code of the Republic of Moldova; 4) operation of modifications and/or completions in the Criminal Code of the Republic of Moldova and in the Contravention Code of the Republic of Moldova, which are directly or indirectly related to the amendments that have the focal points mentioned above; 5) completing the Criminal Code of the Republic of Moldova with art.1352; 6) modification of art.346 of the Criminal Code of the Republic of Moldova; 7) completing the Contravention Code of the Republic of Moldova with art.701. In the present study, all these amendments are examined.

24-31

Authors: Alexandru ARSENI, Veronica POZNEACOVA

The regulation of abortion rights represents a contentious issue within American society. In the United States, currently, are formed two movements: “Pro-choice” and “Pro-life” movements. Abortions were legalized by Roe et al. v. Wade decision adopted by the U.S. Supreme Court of Justice on January 22, 1973. This decision was overturned by U.S. Supreme Court Justice decision of 24 June 2022 (Dobbs, State Health Officer of the Mississippi Department of Health et al. v. Jackson Women's Health Organization et al.). In this study we analyzed the development of regulation of the right to abortion in the legislation of the United States, we established the impact and importance of the Roe et al decision. v. Wade since 1973, determined the rationale for overturning this decision and analyzed the current regulation of the right to abortion in the national legislation of the states.

40-45

Authors: Nicolae SADOVEI

With the adoption, on February 27, 1998, of Law No.1585 on compulsory health care insurance, in the Republic of Moldova the foundations were laid for a new complex legal system for accessing health care – the compulsory health care insurance system of the population the country. One of the subjects of this system is the health service provider, through which each insured person can benefit from the provision, from the account of the insurance premiums, of a volume of medical assistance, provided for in the Single Program of compulsory medical assistance insurance. During more than 24 years since the adoption of Law no.1585/27.02.1998, the respective regulations of the legal status of the provider have gone through an arduous course of regulation and, in this sense, to this day, in the compulsory health care insurance system we have two categories of subjects – providers and suppliers of health services for insured persons.

50-57

Authors: Mihaela BOTNARENCO, Petru VÎRLAN

In this scientific approach, the evolution of the regulations in the Republic of Moldova regarding liability for insolvency crimes is examined. It is found that insolvency crimes have their origins in antiquity, but the regulations in the field have been more nuanced since the Middle Ages. Since the adoption of the current Criminal Code, the incriminating texts of the insolvency acts have been the subject of more legislative interventions, especially in the part of the penalty. At the same time, the relevant provisions in the field need to be refined. Inter alia, it is stated that, from a conceptual point of view, the term 'bankruptcy' designates the most appropriate name for the offenses examined. At the same time, it is shown that the notion of insolvency provided in the Law of the Republic of Moldova no.149/2012 does not ipso facto characterize a crime but designates a certain state / situation. However, if the respective condition is created (either aggravated) in¬ten¬tionally or fictitiously by a person under the conditions specified in art.252 or 253 of the Criminal Code of the Republic of Moldova, criminal liability may become incidental.

68-76

Authors: Vitalie STATI

In the present study it is argued that an act cannot be qualified as appropriation if, at the time of the finding the found property by the finder, one did not know that the property continues to be in the sphere of control and of availability of the person who lost the material contact with the property in question. It is argued that the application of criminal liability for the acquiring of the lost property represents an example of application of the criminal law by analogy. In order to prevent the qualification errors and to exclude the confusion of the acquiring of the lost property with the acts committed by appropriation, the author identifies the differences between the lost property and the abandoned property; the property reached by error in the possession of the perpetrator; the property left without supervision; the forgotten property. The author recommends to be completed para.(2) and (3) art.516 of the Civil Code and to be completed the Contravention Code with art.1051 “Acquiring of the lost property”.

91-101

Authors: Лилия ГЫРЛА

Nowadays, propaganda, as a stable comprehensive and proven method of influencing the minds of people, is becoming the subject of scientific research, both in criminological science and in psycholinguistics. In the presented article, an attempt was made in order to systematize modern interpretations of such a concept as ‘propaganda’, which is important not only in the process of studying the causes and conditions for committing crimes in the media space (television, radio, Internet content, publishing printed media, etc.), but also for the subsequent development of measures of identifying and preventing cases of the use of destructive propaganda based on the abuse of psycholinguistic techniques for negative influence upon people’s mind and upon their system of moral values and basic instincts.

111-120

Authors: Mihaela BOTNARENCO, Alexandru STRÎMBEANU

In this study, the characteristics of the victim of the offenses provided in art.259 of the Criminal Code of the Republic of Moldova are established. It is argued that the syntagma “passive subject of the crime” is not applicable in relation to this victi m. It is revealed why the state cannot have the quality of a victim of the offenses provided in art.259 of the Criminal Code of the Republic of Moldova. It is demonstrated that the victim in question is a participant in the social relations defended against the offenses provided in art.259 of the Criminal Code of the Republic of Moldova: 1) social relations regarding the authorized or allowed access to computerized information and/or 2) social relations regarding the integrity, authenticity, availability or irreproducibility of computerized information or the functionality of computers, computer system or computer network, defended against causing: a) damage on a large scale (in the case of the offense provided for in para.(1)); b) damage on an especially large scale (in the case of the offense provided in let.h) para.(2)).

127-132

Authors: Andrei PĂDURE

Deficiencies are one of the key indicators in estimating the quality and acceptability of healthcare. That is why the present study aimed to assess the prevalence of deficiencies admitted by medical professionals from different specialties of surgical and therapeutic profiles during the 2016-2020 years. A descriptive study of medico-legal reports showing medical deficiencies was performed. The obtained data were disaggregated by medical profile (therapeutic and surgical) and specialties. The research has shown that in most cases objections addressed to medical staff have not been confirmed, as deficiencies have been only found in 35.2%, mostly in the practice of pediatricians, internists, obstetricians and gyne¬cologists, general surgeons and emergency care specialists from different levels of medical care.

139-143

Authors: Petru VÎRLAN

Any crime committed affects a certain legal object, it causes a certain damage in the case of material crimes or puts it in danger of causing such damage in the case of formal crimes. The concept of the object of the crime is central in the theory of criminal law, so, in order to determine the content of this concept in the modern doctrine of criminal law, through this work, we set ourselves the task of identifying the essence of the object of the crime as a social and legal phenomenon, to distinguish the concept from other crimes. In the same way, we draw attention to the unequal concepts of the object of the crime committed and the object in the composition of the crime. Without a correct definition of the object of the crime, it is impossible to determine the legal essence and establish the limits of criminal liability.

151-157

Authors: Gheorghe RENIȚĂ, Mariana RUSU

The border of a state and the impossibility of extraditing the person who has committed a crime should not constitute impediments to the application of criminal liability and, respectively, to the restoration of equity. Recognizing this, the recognition and enforcement of foreign criminal judgments has been regulated as one of the forms of international co¬ope¬ration in criminal matters. The essence of this form of international cooperation lies in the fact that a judgment pro¬nounced in another state is given effect on the territory of another state, as a rule, where the convicted person is located. In the framework of this study, acceptance was placed on the normative framework in the matter, on the judicial practice and on the doctrine regarding the recognition and execution of foreign criminal judgments. The formal conditions and the substantive conditions regarding the recognition of foreign criminal judgments have been established. The procedure for the recognition of foreign criminal judgments has also been debated on. Finally, a series of recommendations have been formulated.

164-171

Authors: Lilia LUPAȘCO

The purpose of the criminal trial involves establishing the truth in each examined case, a process that is carried out only after the extensive and multifaceted examination of the evidence in the file, so that the court can give it a correct assessment. The correct evaluation of the evidence requires that it elucidates the objective reality that occurrs in each concrete case. Although criminal procedural legislation and doctrine refers only to a "correct" assessment of the evidence, judicial practice has demonstrated that different factors, subjective and objective, can influence their "erroneous" assessment and, in similar criminal cases, diametrically opposite solutions may be issued. As a consequence, the "serious factual error" is generated, which is grounds for annulment of the sentence and retrial of the criminal case.

180-185

Authors: Ștefan MILICENCO

The object of this study is the current content of judicial immunity, because of the entry into force on April 1, 2022, of Art.116 Par.(51) of the Constitution of the Republic of Moldova, which provides that judges only have functional immunity under the law. Starting from the premise that constitutionalization is an essential requirement of the rule of law, but also, considering that the principle of judicial immunity existed before April 1, 2022, the transformation of this principle is analyzed. In this regard, all the acts of the Constitutional Court in which judicial immunity has been addressed are examined, the main purpose being to illustrate the legal reasoning behind the elevation of judicial immunity to consti¬tutional status in the absence of express constitutional provisions. It is concluded that Art.116 Par.(51) of the Constitution of the Republic of Moldova has recorded a legal reality – the constitutionalization of functional judicial immunity, as well as it has determined the extent of immunity enjoyed by judges in the exercise of jurisdictional powers.

194-203

Authors: Iulia BĂNĂRESCU, Anatolii BLINOV

In this article, the concepts of the importance of the principles of civil procedural law and the system of principles of civil procedural law are addressed. By fundamental principles of civil procedural law we mean those general rules, according to which the entire course of the civil process is regulated, as well as the status of the court and participants in the process, expressing the essence of the branch of civil procedural law. The fundamental principles of civil process law are also important, from the point of view that they define the civil process, give it its general physiognomy, establishing the characteristic features of the entire system of civil process institutions. Therefore, they express the essence of the branch of civil procedural law and its interference with other branches of law; contribute to the correct interpretation of the names of civil procedural law; ensure the cohesion of the norms of civil procedural law; guarantee the fair and uniform application of legal rules; and, from the legislative point of view, direct the activity of drafting legislation in the sense of building coherent and efficient regulations. The practical importance of the fundamental principles of civil procedural law resides in their vocation to contribute to the formation of a unified jurisprudence.

211-216

Authors: Serghei SÎRBU

This article analyzes the powers of the President of the Republic of Moldova when appointing the Government. It was noted that the President of the Republic of Moldova nominates a candidate for the position of Prime Minister. However, the margin of discretion of the President of the Republic of Moldova in appointing the Prime Minister is not absolute, as it is limited by the Constitution. Thus, the President will nominate a candidate for the position of Prime Minister only as a result of consulting the parliamentary factions. From the moment he is appointed by the President of the Republic, the candidate for the position of Prime Minister has the discretion to include any person in the list of members of the Government, which he will submit to the Parliament. Finally, it was noted that in the event of a government reshuffle or vacancy, the President of the Republic of Moldova revokes and appoints, at the proposal of the Prime Minister, some members of the Government.

224-230

Authors: Iulia BĂNĂRESCU, Anatolie BĂNĂRESCU

In this study, the definition of the notion of procedural sanctions, the types of procedural sanctions and the judicial fine are analyzed in a unique way.In art.10 para.(1) CCP RM, the legal definition of procedural sanctions is stipulated: Procedural sanctions are the unfavorable consequences, established by the norms of civil procedural law, which arise for the subject bound in a procedural relationship in case of non-fulfillment or defective fulfillment of a procedural act, as well as in case of an abusive exercise of a procedural right. But, art.10 para.(1) the CCP RM stipulates not only a simple definition of civil procedural sanctions, but also the grounds for applying these sanctions. In the absence of the stipulation of the grounds for applying the procedural sanctions, they would be generically defined as some legal consequences borne by the person who violated the civil procedural provisions. The consequences that represent sanctions in the matter of civil procedure occur after non-compliance with the provisions of the rules of civil procedural law when performing the procedural acts. The judicial fine represents that sum of money ordered to be collected by the court from the persons who have committed procedural violations, in the cases and in the proportions established by the civil procedural legislation. The application of judicial fines aims to discipline the procedural subjects; they can also be used several times to commit several procedural violations. At the same time, this procedural sanction must be a measure that directly influences the patrimony of the guilty person.

237-247

Authors: Світлана ЧЕБОТАРЬ, Маріанна ПРИСЯЖНЮК

In the specialized literature, the relations between the Russian Federation with the Republic of Moldova and Ukraine were examined from a triple perspective: political-military, economic and socio-cultural. The aspect regarding the observance of the provisions stipulated in the Moldovan – Russian inter-state treaties was practically not paid attention to. This article provides a political and legal analysis of the relations between the Russian Federation with the Republic of Moldova and Ukraine through the observance of the “pacta sunt servanda” principle and provides an attempt to analyze the principle of observance of the obligations stipulated in the Moldovan – Russian and Ukrainian – Russian interstate treaties. The principle of good faith execution of obligations serves as a criterion for the legality of the activity of the state in international and state relations. The principle also becomes a condition for the stability, effectiveness of international law, based on common agreement between states. Through this principle, subjects of international law receive the legal right to demand from other members of the community the observance of the conditions and obligations stipulated in the treaties. Referring to the international practice of respecting the law of treaties concluded between signatory parties, it should be noted that the Russian Federation, in its relations with the Republic of Moldova and Ukraine, violates one of the main principles of international law – “pacta sunt servanda”. This article aims to highlight the main aspects of the violation of the rules of international law by the Russian Federation in its relations with the Republic of Moldova and Ukraine, the violation of the principle “pacta sunt servanda”.

253-257

Authors: Octavian DACIN

No nation can face twenty-first-century-specific threats on its own, and no special operations force structure (SOF) is capable of unilaterally fulfilling its assigned role and missions in isolation. Multilateral and joint solutions on SOF units will develop the national and collective capabilities of this type of forces, by exploiting the advantages determined by the strengths of some and compensating for the gaps of others. Special Operations Forces traditionally occupy an important place in the structure of the Armed Forces of modern states and always play a significant role in the implementation of the country's national military strategy. With the change in the character and indices of action over time and space of SOF structures in conflicts of various proportions, there is a need to improve existing forms and the approval of new ways of using them.

270-277

Authors: Anastasia OCERETNÎI, Stela MILICENCO, Daniela BORDEIANU

The harmonious development of a child, including those with developmental difficulties, is a concern of the family and society. The quality of family life in which such children are raised and educated is an important aspect of research and intervention. Improving the life and living conditions of these families would contribute to an increase in the well-being of the child and the entire family. In the article, the authors analyzed the situation of families beneficiaries of early childhood intervention services in the Republic of Moldova, based on a sociological study that represented a rapid assessment. The study contribute to highlight the main problems of these families. At the same time, the following dimensions of the quality of life are analyzed: material, emotional and physical well-being.