The authors of the present work analyze the evolution of the procedural regulations of the domain of judicial expertise in the Republic of Moldova and Romania in the first decades of the 21st century. It is stated that nowadays in Romania the judicial expertise is part of the forensic science, while in the Republic of Moldova it is treated as an independent domain, whose purpose is to interpret theoretically the processes that take place in the practical activity of different types, classes and varieties of judicial expertise.
{"title":"Considerations Regarding the Procedural Regulation of the Judicial Expertise in the Republic of Moldova and Romania","authors":"Gheorghe Golubenco, M. Costea","doi":"10.54481/sju.2022.2.11","DOIUrl":"https://doi.org/10.54481/sju.2022.2.11","url":null,"abstract":"The authors of the present work analyze the evolution of the procedural regulations of the domain of judicial expertise in the Republic of Moldova and Romania in the first decades of the 21st century. It is stated that nowadays in Romania the judicial expertise is part of the forensic science, while in the Republic of Moldova it is treated as an independent domain, whose purpose is to interpret theoretically the processes that take place in the practical activity of different types, classes and varieties of judicial expertise.","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":"45105613","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 represents an analysis of the powers held by the electoral bodies of the Republic of Moldova during the elections. The categories of attributions are established, as well as the type of electoral bodies that directly manage the electoral process. Also highlighted is the role of polling station offices, electoral constituencies, but also the role of the Continuous Training Center in the Electoral Field attached to the Central Electoral Commission in training electoral officials.
{"title":"Theme duties of the electoral bodies in the Republic of Moldova: current problems","authors":"A. Smochină, Ion Cebanu","doi":"10.54481/sju.2022.2.04","DOIUrl":"https://doi.org/10.54481/sju.2022.2.04","url":null,"abstract":"This article represents an analysis of the powers held by the electoral bodies of the Republic of Moldova during the elections. The categories of attributions are established, as well as the type of electoral bodies that directly manage the electoral process. Also highlighted is the role of polling station offices, electoral constituencies, but also the role of the Continuous Training Center in the Electoral Field attached to the Central Electoral Commission in training electoral officials.","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":"49161574","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 international normative system is one complex in which legal norms have a special role. Practice shows, despite the fact the violation cases number or non-compliance with international law norms are increasing, however states and other international actors try to justify their actions through arguments based on international law. But, such an approach can and should be seen as a recognition of the legal norms role and place within the international normative system. The international law evolution and codification process clearly demonstrates the approach by states to the gradual recognition of the international law supremacy in the process of regulating international relations.
{"title":"Recommendatory Documents Adopted by International Organizations Through the Effects Prism in Report to the States Mandatory Obligations","authors":"Vitalie Gamurari","doi":"10.54481/sju.2022.2.01","DOIUrl":"https://doi.org/10.54481/sju.2022.2.01","url":null,"abstract":"The international normative system is one complex in which legal norms have a special role. Practice shows, despite the fact the violation cases number or non-compliance with international law norms are increasing, however states and other international actors try to justify their actions through arguments based on international law. But, such an approach can and should be seen as a recognition of the legal norms role and place within the international normative system. The international law evolution and codification process clearly demonstrates the approach by states to the gradual recognition of the international law supremacy in the process of regulating international relations.","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":"49346138","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 realization of liberal principles in contemporary societies has led and continues to lead to overwhelming social movements that have a powerful impact on human destiny. Most often, people are concerned only with strictly personal and immediate interests, so the emphasis is shifting from society/nation to the individual, leading to a relaxed policy, a disintegrated, attractive (due to high living standards), and excessively open social model. Thus, the attractive legal framework of Western Europe is becoming prone to migration processes that are currently gaining massive proportions. In this context, migration is having an eloquent impact on the rise of both ethnic intolerance and xenophobia, as well as on the development of pro–racist movements and sentiments.
{"title":"Preventing and Combating the Phenomenon of Social Intolerance Analyzed in the Light of National and International Provisions","authors":"Dumitru Baltag, Rita Munteanu","doi":"10.54481/sju.2022.2.08","DOIUrl":"https://doi.org/10.54481/sju.2022.2.08","url":null,"abstract":"The realization of liberal principles in contemporary societies has led and continues to lead to overwhelming social movements that have a powerful impact on human destiny. Most often, people are concerned only with strictly personal and immediate interests, so the emphasis is shifting from society/nation to the individual, leading to a relaxed policy, a disintegrated, attractive (due to high living standards), and excessively open social model. Thus, the attractive legal framework of Western Europe is becoming prone to migration processes that are currently gaining massive proportions. In this context, migration is having an eloquent impact on the rise of both ethnic intolerance and xenophobia, as well as on the development of pro–racist movements and sentiments.","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":"43099588","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}
Democracy and the rule of law are core values of the European Union and are mentioned in the founding treaties of the Union and have gained even greater importance with the adoption of the Charter of Fundamental Rights in 2000. The European Union Treaties and related Declarations refer to democratic principles, institutions, forms of enhanced cooperation, external actions and the EU’s external and common security policy, i.e. non-discrimination principles, etc. Member States confirm their “attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms, and the rule of law”.
{"title":"Provisions Concerning the Anti-Racism Discrimination Legislation of the European Union","authors":"Dumitru Baltag, Ecaterina Baltaga","doi":"10.54481/sju.2022.2.07","DOIUrl":"https://doi.org/10.54481/sju.2022.2.07","url":null,"abstract":"Democracy and the rule of law are core values of the European Union and are mentioned in the founding treaties of the Union and have gained even greater importance with the adoption of the Charter of Fundamental Rights in 2000. The European Union Treaties and related Declarations refer to democratic principles, institutions, forms of enhanced cooperation, external actions and the EU’s external and common security policy, i.e. non-discrimination principles, etc. Member States confirm their “attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms, and the rule of 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":"47616623","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 Maghreb space was and remains a specific one, conservative and little affected by European democratic processes, despite the fact that it has secular traditions with European states, especially with France, Spain and Italy. The last decades of the 20th century have radically changed the mentality of the class politics of this region, including thanks to external factors, but also internal ones, dictated by the visions of the new generation influenced by Western democratic values. However, the reconciliation process of the Maghreb countries’ societies cannot be viewed outside of the evolutionary processes that strongly influenced the respective political regimes and produced major effects on the progressive changes in the interest of the citizen. At the same time, we cannot examine the respective societies as a package, each of them having its own traditions, be it political, legal, cultural or social. In such conditions, the practice accumulated by the Maghreb countries in the implementation of transitional justice, the final objective being national reconciliation, is of increased interest for post-conflict societies, including the Republic of Moldova.
{"title":"The Reconciliation Policy Factory in the Mediterranean Area: Transitional Justice as a Model for Managing a Violent Past (Part I)","authors":"Vitalie Gamurari, Mukhtar Abdelaziz","doi":"10.54481/sju.2022.2.03","DOIUrl":"https://doi.org/10.54481/sju.2022.2.03","url":null,"abstract":"The Maghreb space was and remains a specific one, conservative and little affected by European democratic processes, despite the fact that it has secular traditions with European states, especially with France, Spain and Italy. The last decades of the 20th century have radically changed the mentality of the class politics of this region, including thanks to external factors, but also internal ones, dictated by the visions of the new generation influenced by Western democratic values. However, the reconciliation process of the Maghreb countries’ societies cannot be viewed outside of the evolutionary processes that strongly influenced the respective political regimes and produced major effects on the progressive changes in the interest of the citizen. At the same time, we cannot examine the respective societies as a package, each of them having its own traditions, be it political, legal, cultural or social. In such conditions, the practice accumulated by the Maghreb countries in the implementation of transitional justice, the final objective being national reconciliation, is of increased interest for post-conflict societies, including the Republic of Moldova.","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":"44057359","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}
Despite the attention paid in recent years to privacy, there is still no agreement on the exact meaning of the term. We believe that of all the fundamental rights, privacy is the most difficult category to define because of the specific aspects inherent to it. Nowadays, it is more and more difficult to protect privacy and, in particular, the privacy of information as a value. At the global level there are fears regarding the violation of privacy due to the increase in the power and speed of information technology. By virtue of them, it is absolutely necessary to develop and implement at the state level a viable mechanism for the protection of the right to privacy. Considering the evolution over time of the notion of privacy, as well as taking into account the sensitive connotations it carries, we could define the right to privacy as follows: „The right to private life is a right to individualism, which consists in the ability to live safe from the eyes of others, as well as the ability to establish and develop relationships with others”.
{"title":"Conceptual Landmarks Regarding the Right to Private Life","authors":"I. Butnaru","doi":"10.54481/sju.2022.1.07","DOIUrl":"https://doi.org/10.54481/sju.2022.1.07","url":null,"abstract":"Despite the attention paid in recent years to privacy, there is still no agreement on the exact meaning of the term. We believe that of all the fundamental rights, privacy is the most difficult category to define because of the specific aspects inherent to it. Nowadays, it is more and more difficult to protect privacy and, in particular, the privacy of information as a value. At the global level there are fears regarding the violation of privacy due to the increase in the power and speed of information technology. By virtue of them, it is absolutely necessary to develop and implement at the state level a viable mechanism for the protection of the right to privacy. Considering the evolution over time of the notion of privacy, as well as taking into account the sensitive connotations it carries, we could define the right to privacy as follows: „The right to private life is a right to individualism, which consists in the ability to live safe from the eyes of others, as well as the ability to establish and develop relationships with others”.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47658322","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 this article, the authors interpret the polyvalence of the notions of classification and typology, in order to highlight specific features and divergent elements. Some definitions are discussed and the dual nature of classification—as a process and as an outcome—is highlighted. Classification and typology are seen as conceptual operations, which are united by a single goal — the ordering of a given set of objects. The authors conclude that classification focuses on classes, and typology — on types, and that within classifications each element can be assigned to a single class, depending on the criterion chosen for differentiation, but within typology — the same element can be part of several types. In the context of the systematization of contemporary legal systems, the authors state that some of them cannot be attributed to any class, which goes against the logic of classification, instead, from the point of view of typology, there may be atypical legal systems, which they do not contain elements specific to any type.
{"title":"The Hermeneutics of the Notions of “classification” and “typology”","authors":"Ion Postu, Veronica Rusnac","doi":"10.54481/sju.2022.1.04","DOIUrl":"https://doi.org/10.54481/sju.2022.1.04","url":null,"abstract":"In this article, the authors interpret the polyvalence of the notions of classification and typology, in order to highlight specific features and divergent elements. Some definitions are discussed and the dual nature of classification—as a process and as an outcome—is highlighted. Classification and typology are seen as conceptual operations, which are united by a single goal — the ordering of a given set of objects. The authors conclude that classification focuses on classes, and typology — on types, and that within classifications each element can be assigned to a single class, depending on the criterion chosen for differentiation, but within typology — the same element can be part of several types. In the context of the systematization of contemporary legal systems, the authors state that some of them cannot be attributed to any class, which goes against the logic of classification, instead, from the point of view of typology, there may be atypical legal systems, which they do not contain elements specific to any type.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42913134","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 addressed topic resides in the interest shown in knowing the importance of educational measures applicable to minors in conflict with the law. Criminal minors are one of the major and permanent concerns of criminal policy in all modern states. Criminal manifestations in the age range that characterizes minors raise very special and specific problems of prevention and combat, due, on the one hand, to the multitude and diversity of factors that can negatively mark the ability of minors to adapt to the demands of socially accepted norms of conduct , and on the other hand, the extremely fragile and influenceable character of their personality. Unlike some foreign legislation (such as the French one), where educational measures can be taken even without establishing criminal responsibility, in the Moldovan criminal system they can only be consequences of concrete criminal responsibility and can only be taken against the minor who committed a crime. The moments exposed in the content of this article are useful, in particular, in terms of the practical applicability of the educational measures applicable to minors in conflict with the law.
{"title":"Theoretical-Practical Approaches Regarding Educational Measures Applicable to Minors in Conflict with the Law","authors":"Irina Bodareva-Solomon","doi":"10.54481/sju.2022.1.15","DOIUrl":"https://doi.org/10.54481/sju.2022.1.15","url":null,"abstract":"The topicality of the addressed topic resides in the interest shown in knowing the importance of educational measures applicable to minors in conflict with the law. Criminal minors are one of the major and permanent concerns of criminal policy in all modern states. Criminal manifestations in the age range that characterizes minors raise very special and specific problems of prevention and combat, due, on the one hand, to the multitude and diversity of factors that can negatively mark the ability of minors to adapt to the demands of socially accepted norms of conduct , and on the other hand, the extremely fragile and influenceable character of their personality. Unlike some foreign legislation (such as the French one), where educational measures can be taken even without establishing criminal responsibility, in the Moldovan criminal system they can only be consequences of concrete criminal responsibility and can only be taken against the minor who committed a crime. The moments exposed in the content of this article are useful, in particular, in terms of the practical applicability of the educational measures applicable to minors in conflict with the law.","PeriodicalId":52793,"journal":{"name":"Studii Juridice Universitare","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47242814","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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