Pub Date : 2022-12-01DOI: 10.52277/1857-2405.2022.4(63).09
Petru Loghinescu
From the content of the property right, the guarantees of protection against arbitrary or disproportionate forms of interference in the exercise of this fundamental right of the person result. Such interference may take the form of deprivation or limitation of rights. Every individual has the right to own property and to use the goods in his possession. Depriving the person of his property can only take place in the case of the existence of a public necessity. If these circumstances occur, the state is obliged to ensure fair compensation. Both governments and others are prohibited from assigning property without justification. In this article, we propose to analyze the relevant provisions of the European Convention on Human Rights, as well as the general principles established by the European Court of Human Rights in cases where deprivation of property is invoked.
{"title":"Guarantees in case of deprivation of property under the law of the European Convention on Human Rights","authors":"Petru Loghinescu","doi":"10.52277/1857-2405.2022.4(63).09","DOIUrl":"https://doi.org/10.52277/1857-2405.2022.4(63).09","url":null,"abstract":"From the content of the property right, the guarantees of protection against arbitrary or disproportionate forms of interference in the exercise of this fundamental right of the person result. Such interference may take the form of deprivation or limitation of rights. Every individual has the right to own property and to use the goods in his possession. Depriving the person of his property can only take place in the case of the existence of a public necessity. If these circumstances occur, the state is obliged to ensure fair compensation. Both governments and others are prohibited from assigning property without justification. In this article, we propose to analyze the relevant provisions of the European Convention on Human Rights, as well as the general principles established by the European Court of Human Rights in cases where deprivation of property is invoked.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116711265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.52277/1857-2405.2022.4(63).10
M. Sîrbu
During the important reforms in the field of justice in the Republic of Moldova, premises are being created to promote the general reform process and to comply with the widely recognized and internationally implemented democratic standards. From the analysis of the national legislation in comparison with other European states, I conclude that, in the Republic of Moldova, the status of persons who graduated from the initial training courses within the National Institute of Justice, in the period between graduation and „appointment” as a prosecutor, judge . (which can take years, for example the 12th promotion of the Institute), remains a legal void. This would mean that, after completing the initial training courses, the future prosecutors and judges may have the following dilemma: either to work as a legal consultant/assistant, or to open an office in the central market. The latter would seem incompatible with the future status of „official with public dignity”, but not impossible, because there are no regulations that would prohibit this. In the context, I conclude that the targeted omission creates various risks regarding its integrity, or the trainees of the National Institute of Justice, after graduation, due to the lack of a social guarantee mechanism such as „medical insurance”, „remuneration”, „a strictly regulated status”, „the inclusion of the initial training period in the length of service” - which colleagues from similar training institutions for judges and prosecutors in other countries (Romania, France) benefit from until the appointment, may become dependent on other persons or organizations, which it could further have important consequences on his professional integrity and decision-making discretion.
{"title":"Status of the audience of the National Institute of Justice: comparative aspect and issues","authors":"M. Sîrbu","doi":"10.52277/1857-2405.2022.4(63).10","DOIUrl":"https://doi.org/10.52277/1857-2405.2022.4(63).10","url":null,"abstract":"During the important reforms in the field of justice in the Republic of Moldova, premises are being created to promote the general reform process and to comply with the widely recognized and internationally implemented democratic standards. From the analysis of the national legislation in comparison with other European states, I conclude that, in the Republic of Moldova, the status of persons who graduated from the initial training courses within the National Institute of Justice, in the period between graduation and „appointment” as a prosecutor, judge . (which can take years, for example the 12th promotion of the Institute), remains a legal void. This would mean that, after completing the initial training courses, the future prosecutors and judges may have the following dilemma: either to work as a legal consultant/assistant, or to open an office in the central market. The latter would seem incompatible with the future status of „official with public dignity”, but not impossible, because there are no regulations that would prohibit this. In the context, I conclude that the targeted omission creates various risks regarding its integrity, or the trainees of the National Institute of Justice, after graduation, due to the lack of a social guarantee mechanism such as „medical insurance”, „remuneration”, „a strictly regulated status”, „the inclusion of the initial training period in the length of service” - which colleagues from similar training institutions for judges and prosecutors in other countries (Romania, France) benefit from until the appointment, may become dependent on other persons or organizations, which it could further have important consequences on his professional integrity and decision-making discretion.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130683426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.52277/1857-2405.2022.4(63).05
Nicolae Fala, Mihail Poalelungi
The unavailability of an asset that is the object of a service performed by the debtor to the contracting third party on the basis of the legal act which is declared unenforceable, represents a legal prohibition to disposing of the asset. The unavailability is intended to ensure the effective realization of the right to pursue the asset by the claimant creditor. The unavailability of the asset is grafted on the idea of effective protection of the rights by judicial means. The unavailability represents a legal effect of accepting the Pauline action, which operates without the need for express mention in the operative section of the court ruling.
{"title":"Paulian disability","authors":"Nicolae Fala, Mihail Poalelungi","doi":"10.52277/1857-2405.2022.4(63).05","DOIUrl":"https://doi.org/10.52277/1857-2405.2022.4(63).05","url":null,"abstract":"The unavailability of an asset that is the object of a service performed by the debtor to the contracting third party on the basis of the legal act which is declared unenforceable, represents a legal prohibition to disposing of the asset. The unavailability is intended to ensure the effective realization of the right to pursue the asset by the claimant creditor. The unavailability of the asset is grafted on the idea of effective protection of the rights by judicial means. The unavailability represents a legal effect of accepting the Pauline action, which operates without the need for express mention in the operative section of the court ruling.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134515757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.52277/1857-2405.2022.4(63).08
Violeta Cojocaru, Aliona Cara-Rusnac
Gratuitous contracts subscribed in online area are seen more as the exception of the general rule. Online area is a perfect medium for commercializing products, as electronic products came in large numbers in particular in times of pandemics, contracting them with gratuitous title being offered by professionals as an accessory to the main contract, being offered as accessory gifts to the main acquisition. This research will analyze the risks of concluding contracts with gratuitous electronic title. In this study we will analyze the legislative aspects of gratuitous contracts concluded in the online environment. At the same time, in the conclusion we will present the advantages and disadvantages of concluding contracts for gratuitous in the online environment, with recommendations for the regulation of the protection of the parties that conclude contracts for free in the online environment.
{"title":"New trends of the gratuitous contracts in online area","authors":"Violeta Cojocaru, Aliona Cara-Rusnac","doi":"10.52277/1857-2405.2022.4(63).08","DOIUrl":"https://doi.org/10.52277/1857-2405.2022.4(63).08","url":null,"abstract":"Gratuitous contracts subscribed in online area are seen more as the exception of the general rule. Online area is a perfect medium for commercializing products, as electronic products came in large numbers in particular in times of pandemics, contracting them with gratuitous title being offered by professionals as an accessory to the main contract, being offered as accessory gifts to the main acquisition. This research will analyze the risks of concluding contracts with gratuitous electronic title. In this study we will analyze the legislative aspects of gratuitous contracts concluded in the online environment. At the same time, in the conclusion we will present the advantages and disadvantages of concluding contracts for gratuitous in the online environment, with recommendations for the regulation of the protection of the parties that conclude contracts for free in the online environment.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117113892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.52277/1857-2405.2022.4(63).07
Teodor Papuc, Marcel Lupu
This text highlights some errors of approach in the Civil Code of the Republic of Moldova. Through some of the rules it establishes, the Civil Code prevents the effective protection of the fundamental rights provided equally by it and, consequently, establishes an obstacle for an evolution into a culture of justification.
{"title":"The civil code as an obstacle for the culture of justification","authors":"Teodor Papuc, Marcel Lupu","doi":"10.52277/1857-2405.2022.4(63).07","DOIUrl":"https://doi.org/10.52277/1857-2405.2022.4(63).07","url":null,"abstract":"This text highlights some errors of approach in the Civil Code of the Republic of Moldova. Through some of the rules it establishes, the Civil Code prevents the effective protection of the fundamental rights provided equally by it and, consequently, establishes an obstacle for an evolution into a culture of justification.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114184124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.52277/1857-2405.2022.3(62).06
Alexandru Crudu
This article has examined the local practice of granting permission to bring personal property into prisons. In this regard, the legal and sub-legal regulatory framework governing the range of goods that can be received in prisons and the procedure for granting this permission were studied. Likewise, the main practical shortcomings in the introduction of assets in prisons were highlighted, as well as the long-term effects that this permissive policy of the criminal executive legislator has generated. Finally, recommendations were formulated in solving the theoretical-practical problems addressed in the paper, as well as proposals to amend the regulatory framework in this regard.
{"title":"Permission to enter personal property by detainees","authors":"Alexandru Crudu","doi":"10.52277/1857-2405.2022.3(62).06","DOIUrl":"https://doi.org/10.52277/1857-2405.2022.3(62).06","url":null,"abstract":"This article has examined the local practice of granting permission to bring personal property into prisons. In this regard, the legal and sub-legal regulatory framework governing the range of goods that can be received in prisons and the procedure for granting this permission were studied. Likewise, the main practical shortcomings in the introduction of assets in prisons were highlighted, as well as the long-term effects that this permissive policy of the criminal executive legislator has generated. Finally, recommendations were formulated in solving the theoretical-practical problems addressed in the paper, as well as proposals to amend the regulatory framework in this regard.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125208485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.52277/1857-2405.2022.3(62).03
Gheorghe Reniţă
This article examines the guilty, reason and purpose of offenses of match-fixing and bet-fixing. In this sense, the normative provisions, the judicial practice, as well as the relevant legal doctrine were referred to. It was established that without guilt there is no crime and without crime, criminal liability cannot be applied. It was also held that the motive answers the question of why the person commits a crime. In contrast, it has been established that the purpose answers the question of what the person is pursuing by committing a crime. Finally, a series of recommendations were formulated, able to improve the normative framework in the matter.
{"title":"The guilty, reason and purpose of offenses of manipulation of an event and fixed betting","authors":"Gheorghe Reniţă","doi":"10.52277/1857-2405.2022.3(62).03","DOIUrl":"https://doi.org/10.52277/1857-2405.2022.3(62).03","url":null,"abstract":"This article examines the guilty, reason and purpose of offenses of match-fixing and bet-fixing. In this sense, the normative provisions, the judicial practice, as well as the relevant legal doctrine were referred to. It was established that without guilt there is no crime and without crime, criminal liability cannot be applied. It was also held that the motive answers the question of why the person commits a crime. In contrast, it has been established that the purpose answers the question of what the person is pursuing by committing a crime. Finally, a series of recommendations were formulated, able to improve the normative framework in the matter.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127312205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.52277/1857-2405.2022.3(62).05
Cezara-Elena Polisca
The right to education is a basic necessity for the human being and is provided in several international instruments on fundamental human rights. Albeit the right to education has been recognised for more than half a century, persons with disabilities, given the incomparable status, had to dedicate additional efforts to have their right recognised. The issue becomes even more subtle in the case of children with special educational needs, who, facing situations of inequality and unfairness and being in an obvious disadvantage compared to other members of society, shall claim the adaption of means and environment, so that this right become effective to the fullest. For these reasons, inclusive education shall involve all children, regardless of their intellectual, physical, social, emotional, linguistic or other condition and respond to their needs.
{"title":"The inclusion of school-age children with special educational needs","authors":"Cezara-Elena Polisca","doi":"10.52277/1857-2405.2022.3(62).05","DOIUrl":"https://doi.org/10.52277/1857-2405.2022.3(62).05","url":null,"abstract":"The right to education is a basic necessity for the human being and is provided in several international instruments on fundamental human rights. Albeit the right to education has been recognised for more than half a century, persons with disabilities, given the incomparable status, had to dedicate additional efforts to have their right recognised. The issue becomes even more subtle in the case of children with special educational needs, who, facing situations of inequality and unfairness and being in an obvious disadvantage compared to other members of society, shall claim the adaption of means and environment, so that this right become effective to the fullest. For these reasons, inclusive education shall involve all children, regardless of their intellectual, physical, social, emotional, linguistic or other condition and respond to their needs.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122954162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.52277/1857-2405.2022.3(62).07
Ecaterina Popa
This article presents the results of experimental research on the influence of psychosocial reintegration activities on behavioral changes in prisoners. The study tracked the existence of differences regarding the personality traits that generate openness, agreeableness, assertiveness, neuroticism and aggressiveness through the impact of psychosocial activities on the behavior of prisoners in the penitentiary environment. Thus, the prisoners participating in social reintegration programs had a higher level of agreeableness and a lower level of neuroticism and aggression, which correlates with the effectiveness of the programs, but also with the need for their implementation in the longer term.
{"title":"Study: the influence of psychosocial reintegration activities on the behavioral changes occurring in the detained persons","authors":"Ecaterina Popa","doi":"10.52277/1857-2405.2022.3(62).07","DOIUrl":"https://doi.org/10.52277/1857-2405.2022.3(62).07","url":null,"abstract":"This article presents the results of experimental research on the influence of psychosocial reintegration activities on behavioral changes in prisoners. The study tracked the existence of differences regarding the personality traits that generate openness, agreeableness, assertiveness, neuroticism and aggressiveness through the impact of psychosocial activities on the behavior of prisoners in the penitentiary environment. Thus, the prisoners participating in social reintegration programs had a higher level of agreeableness and a lower level of neuroticism and aggression, which correlates with the effectiveness of the programs, but also with the need for their implementation in the longer term.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122630868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.52277/1857-2405.2022.3(62).08
Olga Marandici, Stefan Milicenco, Cristian Iordan, Armen Oganesean
It is well-known that transnational data flows are rising simultaneously with the increasing use of social media, webmail, messaging services, and apps to communicate, work, socialize and gain information, unfortunately, including also unlawful purposes. Criminal procedural measures for gathering evidence as part of a criminal investigation are usually national in scope, but obtaining electronic evidence often has cross-border implications. Courts and legislatures have often failed to keep pace with rapid advances in digital technology and computer software capabilities. This paper analyzes the European legal framework for the transnational gathering of electronic evidence in Europe. Initially, it argues the challenges of the cross-border gathering of electronic evidence in criminal investigations.
{"title":"Transnational gathering of electronic evidences: challenges and perspectives in the European Union","authors":"Olga Marandici, Stefan Milicenco, Cristian Iordan, Armen Oganesean","doi":"10.52277/1857-2405.2022.3(62).08","DOIUrl":"https://doi.org/10.52277/1857-2405.2022.3(62).08","url":null,"abstract":"It is well-known that transnational data flows are rising simultaneously with the increasing use of social media, webmail, messaging services, and apps to communicate, work, socialize and gain information, unfortunately, including also unlawful purposes. Criminal procedural measures for gathering evidence as part of a criminal investigation are usually national in scope, but obtaining electronic evidence often has cross-border implications. Courts and legislatures have often failed to keep pace with rapid advances in digital technology and computer software capabilities. This paper analyzes the European legal framework for the transnational gathering of electronic evidence in Europe. Initially, it argues the challenges of the cross-border gathering of electronic evidence in criminal investigations.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"205 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116184573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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