In this article we analyzed the peculiarities of the promulgation of laws by the President of the Republic of Moldova. In this sense, we started from the text of the Constitution and from the interpretations of the Constitutional Court. I found that upon receiving the law for promulgation, the President has the following possibilities: 1) to promulgate the law within the constitutional terms; 2) to ask the Parliament once and for all to re-examine the law; 3) to notify the Constitutional Court for the control of the constitutionality of the received law. At the same time, I pleaded for the interruption of the constitutional term for the promulgation of the law in the event of the notification by the President of the Republic of Moldova of the Constitutional Court for the exercise of a priori control of constitutionality. Finally, we made proposals to improve the constitutional provisions regarding the enactment of laws.
{"title":"Promotion of Laws by the President of the Republic of Moldova","authors":"Sergiu Sirbu","doi":"10.54481/sju.2022.2.15","DOIUrl":"https://doi.org/10.54481/sju.2022.2.15","url":null,"abstract":"In this article we analyzed the peculiarities of the promulgation of laws by the President of the Republic of Moldova. In this sense, we started from the text of the Constitution and from the interpretations of the Constitutional Court. I found that upon receiving the law for promulgation, the President has the following possibilities: 1) to promulgate the law within the constitutional terms; 2) to ask the Parliament once and for all to re-examine the law; 3) to notify the Constitutional Court for the control of the constitutionality of the received law. At the same time, I pleaded for the interruption of the constitutional term for the promulgation of the law in the event of the notification by the President of the Republic of Moldova of the Constitutional Court for the exercise of a priori control of constitutionality. Finally, we made proposals to improve the constitutional provisions regarding the enactment of laws.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42981713","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}
This article analyzes the atypical legal systems, which present features from different types of law. The authors state the classical division into legal families is outdated and many legal systems present amalgamated elements. According to the authors’ opinion, based on the typological approach, some legal systems can simultaneously be part of different legal families, being at the intersection between them. Thus, some elements of the legal system present characteristics of one type of law, and others — of another type of law, their specific mix representing a mixed system. As an outcome, the authors conclude that there is no univocal approach to understanding the concept of “mixed system”, and propose to understand the mixed legal system as “a legal system in which a fundamental branch or a main element presents features characteristic of a different type of law than the dominant one in other elements of the system”.
{"title":"Atypical Legal Systems — “Mixed” or “Hybrid”","authors":"Ion Postu, Veronica Rusnac","doi":"10.54481/sju.2022.2.05","DOIUrl":"https://doi.org/10.54481/sju.2022.2.05","url":null,"abstract":"This article analyzes the atypical legal systems, which present features from different types of law. The authors state the classical division into legal families is outdated and many legal systems present amalgamated elements. According to the authors’ opinion, based on the typological approach, some legal systems can simultaneously be part of different legal families, being at the intersection between them. Thus, some elements of the legal system present characteristics of one type of law, and others — of another type of law, their specific mix representing a mixed system. As an outcome, the authors conclude that there is no univocal approach to understanding the concept of “mixed system”, and propose to understand the mixed legal system as “a legal system in which a fundamental branch or a main element presents features characteristic of a different type of law than the dominant one in other elements of the system”.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42871071","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}
Discrimination national is not just the result of ignorance. Discrimination national is used as a strategy to maintain and implement power. Because racism is first and foremost a political object, where the aspects of “theory” and “struggle” are inextricably intertwined. Racism is an indisputable fact, it appears and exists as a phenomenon with a variety of manifestations that change over time, non-existent before European and American imperialism. Racism is just a social construct that has been established to justify the subordination and subjugation of “others”. However, it does not coincide with any form of violence, not even with any manifestation of collective hatred.
{"title":"Constitutional Regulations Regarding the Right to Non-discrimination in the Republic of Moldova","authors":"Dumitru Baltag, Ecaterina Baltaga","doi":"10.54481/sju.2022.2.06","DOIUrl":"https://doi.org/10.54481/sju.2022.2.06","url":null,"abstract":"Discrimination national is not just the result of ignorance. Discrimination national is used as a strategy to maintain and implement power. Because racism is first and foremost a political object, where the aspects of “theory” and “struggle” are inextricably intertwined. Racism is an indisputable fact, it appears and exists as a phenomenon with a variety of manifestations that change over time, non-existent before European and American imperialism. Racism is just a social construct that has been established to justify the subordination and subjugation of “others”. However, it does not coincide with any form of violence, not even with any manifestation of collective hatred.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49656640","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}
Russian Federation and Ukraine are two ex-Soviet states that do not admit in the national legislation related to ensuring the security of the state any form of involvement of the private factor that could threaten or limit the exclusive and sovereign right of the state to use armed force. However, the experience of the Russian Federation turns out to be quite extensive in terms of using the specific services of private military and security companies officially registered outside the country. Also, after the events of 2014, in Ukraine there is an intensification of the legal regulation initiatives of the legal status of private military and security companies. In this article, it is proposed to analyze the essence of the initiatives for legal regulation of the status of private military and security companies in the Russian Federation and Ukraine, in order to highlight the necessity and importance of this process, as well as the specific approaches in the states under analysis.
{"title":"Attempts to Regulate the Legal Status of Private Military and Security Companies in the Russian Federation and Ukraine","authors":"Alexandru Cauia, Mihail Poalelungi","doi":"10.54481/sju.2022.2.02","DOIUrl":"https://doi.org/10.54481/sju.2022.2.02","url":null,"abstract":"Russian Federation and Ukraine are two ex-Soviet states that do not admit in the national legislation related to ensuring the security of the state any form of involvement of the private factor that could threaten or limit the exclusive and sovereign right of the state to use armed force. However, the experience of the Russian Federation turns out to be quite extensive in terms of using the specific services of private military and security companies officially registered outside the country. Also, after the events of 2014, in Ukraine there is an intensification of the legal regulation initiatives of the legal status of private military and security companies. In this article, it is proposed to analyze the essence of the initiatives for legal regulation of the status of private military and security companies in the Russian Federation and Ukraine, in order to highlight the necessity and importance of this process, as well as the specific approaches in the states under analysis.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43427798","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}
Shaping and improvement of market infrastructure plays, combined with security of property rights, an important role in the implementation of the national sustainable economic development strategy — to include development of the real estate cadastre, whose information underlies most decisions made in private and public sector regarding prudent use and management of land, securing of property rights to real estate, promoting decentralization policies in respect to public property and public budgets. An up-to-date multipurpose real estate cadastre is discussed applying a synergetic approach that involves consideration of the cadastre’s legal, technical, economic, institutional and social aspects. This empirical interdisciplinary study supports the real-estate-cadastre-as-a-system hypothesis.
{"title":"Real Estate Cadastre in the Republic of Moldova: Current Status and Prospects (an interdisciplinary study)","authors":"Olga Buzu, Vladimir Gutu, D. Gutu","doi":"10.54481/sju.2022.2.16","DOIUrl":"https://doi.org/10.54481/sju.2022.2.16","url":null,"abstract":"Shaping and improvement of market infrastructure plays, combined with security of property rights, an important role in the implementation of the national sustainable economic development strategy — to include development of the real estate cadastre, whose information underlies most decisions made in private and public sector regarding prudent use and management of land, securing of property rights to real estate, promoting decentralization policies in respect to public property and public budgets. An up-to-date multipurpose real estate cadastre is discussed applying a synergetic approach that involves consideration of the cadastre’s legal, technical, economic, institutional and social aspects. This empirical interdisciplinary study supports the real-estate-cadastre-as-a-system hypothesis.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48671972","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}
In the current context of economic life, the conduct of companies requires increasing interest in the legal and accounting aspects. These involve timely decisions regarding the restructuring operations through merger and division of companies, the dissolution, liquidation or judicial reorganization, the risk of bankruptcy, as well as situations of associates’ withdrawal or exclusion.
{"title":"The Methods of Restructuring Aimed at Reducing or Terminating the Activity of a Company","authors":"C. Nagy, Elena Doina Ghica","doi":"10.54481/sju.2022.2.10","DOIUrl":"https://doi.org/10.54481/sju.2022.2.10","url":null,"abstract":"In the current context of economic life, the conduct of companies requires increasing interest in the legal and accounting aspects. These involve timely decisions regarding the restructuring operations through merger and division of companies, the dissolution, liquidation or judicial reorganization, the risk of bankruptcy, as well as situations of associates’ withdrawal or exclusion.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49465452","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}
Human trafficking is a real social phenomenon with destructive repercussions on the entire society, materialized by serious violations of human rights and freedoms, as well as the dignity or integrity of human beings. This phenomenon has existed since the most remote times, being manifested especially in the form of forced labor, that is, slavery, a form that can still be found even today. Although we live in such a developed society, the facts involving the trafficking of persons, minors, slaves, cells and tissues of human origin are more and more numerous. If we take a simple look at the statistics made by the competent bodies regarding the number of trafficked persons, victims of such a barbaric act, we will find that it is on a continuous rise. In this sense, with the passage of time, the states of the world have been concerned with finding the most suitable, but also effective measures so necessary to prevent and combat the trafficking of live meat, being outlined a series of national and international acts.
{"title":"General Considerations Regarding the Crime of Human Trafficking","authors":"Artur Airapetean, Andreea Corsei","doi":"10.54481/sju.2022.2.12","DOIUrl":"https://doi.org/10.54481/sju.2022.2.12","url":null,"abstract":"Human trafficking is a real social phenomenon with destructive repercussions on the entire society, materialized by serious violations of human rights and freedoms, as well as the dignity or integrity of human beings. This phenomenon has existed since the most remote times, being manifested especially in the form of forced labor, that is, slavery, a form that can still be found even today. Although we live in such a developed society, the facts involving the trafficking of persons, minors, slaves, cells and tissues of human origin are more and more numerous. If we take a simple look at the statistics made by the competent bodies regarding the number of trafficked persons, victims of such a barbaric act, we will find that it is on a continuous rise. In this sense, with the passage of time, the states of the world have been concerned with finding the most suitable, but also effective measures so necessary to prevent and combat the trafficking of live meat, being outlined a series of national and international acts.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47640673","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}
The clarification of the „legal acts“ notion in the context of the Pauline action, is a topic not only of a theoretical interest, but also a practical one, that is related to the admissibility of the Pauline action. The payment implies essentially a reduction of the liability, but this does not represent an actual act or a legal document of disposition in order to be declared unenforceable through Pauline action.
{"title":"Reflections on the Category of “Legal Acts” in the Context of Pauline Action","authors":"Nicolae Fala, Mihail Poalelungi","doi":"10.54481/sju.2022.2.09","DOIUrl":"https://doi.org/10.54481/sju.2022.2.09","url":null,"abstract":"The clarification of the „legal acts“ notion in the context of the Pauline action, is a topic not only of a theoretical interest, but also a practical one, that is related to the admissibility of the Pauline action. The payment implies essentially a reduction of the liability, but this does not represent an actual act or a legal document of disposition in order to be declared unenforceable through Pauline action.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41400118","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}
The topicality of the subject is terminated by the fact that in recent years the illicit trafficking of narcotic drugs, psychotropic substances and their analogues of concern. The extent is particularly, consumption, the number of those killed by drugs and demoralising on people’s conscience and behaviour. The social alarm born from the unprecedented proliferation of drugs leads to the idea, not at all satisfactory, that the battle strategies adopted against this phenomenon by the Republic of Moldova and foreign countries have proven to be ineffective. Therefore, the primary task of international conventions in the field of control over the circulation of narcotic and psychotropic substances is to ensure the legal needs of health protection by simultaneously counteracting the inclusion of dangerous substances in the illicit circuit and to create a system of administrative regulation regarding the legal use of substances narcotics and establish the measures directed against their illicit use. Because drug use represents one of the challenges facing humanity and worthy of consideration in international cooperation programs in the field of criminal law.
{"title":"Judicial Practice of the Republic of Moldova in the Sphere of Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and their Analogies","authors":"Gheorghe Sult","doi":"10.54481/sju.2022.2.13","DOIUrl":"https://doi.org/10.54481/sju.2022.2.13","url":null,"abstract":"The topicality of the subject is terminated by the fact that in recent years the illicit trafficking of narcotic drugs, psychotropic substances and their analogues of concern. The extent is particularly, consumption, the number of those killed by drugs and demoralising on people’s conscience and behaviour. The social alarm born from the unprecedented proliferation of drugs leads to the idea, not at all satisfactory, that the battle strategies adopted against this phenomenon by the Republic of Moldova and foreign countries have proven to be ineffective. Therefore, the primary task of international conventions in the field of control over the circulation of narcotic and psychotropic substances is to ensure the legal needs of health protection by simultaneously counteracting the inclusion of dangerous substances in the illicit circuit and to create a system of administrative regulation regarding the legal use of substances narcotics and establish the measures directed against their illicit use. Because drug use represents one of the challenges facing humanity and worthy of consideration in international cooperation programs in the field of criminal law.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45619070","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}
The article analyzes the formation and recognition of the right to access to information in international legal activity. The study of the genesis, transformation and development trends of the right to receive official information is important for understanding the essence and directions of development of this right, which has acquired special significance in the modern world. The article consistently examines the role and significance of the law enforcement practice of international treaty and jurisdictional bodies, the impact of decisions on specific legal situations on the development of normative regulation of the right to receive information of public or other significant public interest. The result of the generalization of international law enforcement is the identification of prospects and trends in the development of the right to access to information in the form of establishing positive obligations for the state aimed at observing the above general civil freedoms and, as a result, improving mechanisms, including institutional ones, guaranteeing the realization of the right to receive information.
{"title":"The Genesis of Recognizing the Right to Access to Information on International Level","authors":"Nicolai Jekov","doi":"10.54481/sju.2022.2.14","DOIUrl":"https://doi.org/10.54481/sju.2022.2.14","url":null,"abstract":"The article analyzes the formation and recognition of the right to access to information in international legal activity. The study of the genesis, transformation and development trends of the right to receive official information is important for understanding the essence and directions of development of this right, which has acquired special significance in the modern world. The article consistently examines the role and significance of the law enforcement practice of international treaty and jurisdictional bodies, the impact of decisions on specific legal situations on the development of normative regulation of the right to receive information of public or other significant public interest. The result of the generalization of international law enforcement is the identification of prospects and trends in the development of the right to access to information in the form of establishing positive obligations for the state aimed at observing the above general civil freedoms and, as a result, improving mechanisms, including institutional ones, guaranteeing the realization of the right to receive information.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48735358","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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