This paper atempts a theoretical presentation of the legal reform of the penitentiary system of the Republic of Moldova, taking into account international legal acts regarding the procedure for maintaining communication of those sentenced to deprivation of liberty with the outside world. The issues in the field of bringing the political and legal documents of the penitentiary system in line with international treaties and legal acts on all issues of maintaining communication of those sentenced to deprivation of liberty with the outside world, taking into account the assistance of state and public institutions, etc. are being studied.
{"title":"Improving the Legislation of the Republic of Moldova Regarding the Procedure for Maintaining Communication of Convicts Sentenced to Deprivation of Liberty with the Outside World","authors":"Gheorghii Sult","doi":"10.54481/sju.2022.1.05","DOIUrl":"https://doi.org/10.54481/sju.2022.1.05","url":null,"abstract":"This paper atempts a theoretical presentation of the legal reform of the penitentiary system of the Republic of Moldova, taking into account international legal acts regarding the procedure for maintaining communication of those sentenced to deprivation of liberty with the outside world. The issues in the field of bringing the political and legal documents of the penitentiary system in line with international treaties and legal acts on all issues of maintaining communication of those sentenced to deprivation of liberty with the outside world, taking into account the assistance of state and public institutions, etc. are being studied.","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":"47332582","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}
Although, initially international cooperation in criminal matters had an exclusively governmental character, nowadays it has acquired new dimensions and values. Consequently, the Republic of Moldova promotes the principle of cooperation in its international relations, which thus became an integral part of its foreign policy. Although, international legal cooperation in criminal matters is an integral part of criminal law and criminal procedure, presuming the provision of mutual aid in the field of preventing and combating crimes that involve the element of foreignness. Here it is worth noting that the execution of criminal justice in a complete and effective manner would not be possible if the effects of the criminal decision would be reflected only on the territory of the state where they were pronounced. That is why there is this important form of international criminal assistance, currently accepted both in the doctrine and in the legislation of many states, such as the recognition and execution of criminal judgments of foreign courts.
{"title":"Recognition and Execution of Criminal Judgments of Foreign Courts","authors":"Mihail Sorbala, Andrian Creţu","doi":"10.54481/sju.2022.1.09","DOIUrl":"https://doi.org/10.54481/sju.2022.1.09","url":null,"abstract":"Although, initially international cooperation in criminal matters had an exclusively governmental character, nowadays it has acquired new dimensions and values. Consequently, the Republic of Moldova promotes the principle of cooperation in its international relations, which thus became an integral part of its foreign policy. Although, international legal cooperation in criminal matters is an integral part of criminal law and criminal procedure, presuming the provision of mutual aid in the field of preventing and combating crimes that involve the element of foreignness. Here it is worth noting that the execution of criminal justice in a complete and effective manner would not be possible if the effects of the criminal decision would be reflected only on the territory of the state where they were pronounced. That is why there is this important form of international criminal assistance, currently accepted both in the doctrine and in the legislation of many states, such as the recognition and execution of criminal judgments of foreign courts.","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":"49297798","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 community has reached a peak in which the development and security of humanity can no longer be addressed individually. In this context, it appears to be empirical to coordinate the efforts of all states to achieve the supreme interests of the international community. The principles and rules of international law relating to the conduct of hostilities, means and methods of combat used in armed conflict are intended to limit the destructive effects of military confrontations and to prevent unnecessary destruction, to humanize the use of force of arms, and to persuade combatants to refrain from excess, beyond any reason and justification. War crimes are condemnable not only from a legal point of view, but also from a moral, ethical or religious point of view, because they represent violations of legal norms, aiming to harm the innocent and unprotected.
{"title":"The Normative Framework for Criminalizing War Crimes Against Persons in Terms of Comparative Law","authors":"Mihail Sorbala, Irina Vasilascu","doi":"10.54481/sju.2022.1.10","DOIUrl":"https://doi.org/10.54481/sju.2022.1.10","url":null,"abstract":"The international community has reached a peak in which the development and security of humanity can no longer be addressed individually. In this context, it appears to be empirical to coordinate the efforts of all states to achieve the supreme interests of the international community. The principles and rules of international law relating to the conduct of hostilities, means and methods of combat used in armed conflict are intended to limit the destructive effects of military confrontations and to prevent unnecessary destruction, to humanize the use of force of arms, and to persuade combatants to refrain from excess, beyond any reason and justification. War crimes are condemnable not only from a legal point of view, but also from a moral, ethical or religious point of view, because they represent violations of legal norms, aiming to harm the innocent and unprotected.","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":"49276558","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}
Extradition is an agreed commitment between the governments of sovereign states to cede a person to the requesting state the purpose of criminal prosecution for certain crimes or for the execution of a custodial sentence, including the application of preventive measures. At the same time, surrender consists in the actions of a state to hand over a person to the International Criminal Court for crimes of genocide, aggression, war and against humanity. In this article the author highlights the essence, historical evolution and difference of extradition and surrender institutions as a form of international cooperation in criminal matters.
{"title":"The Evolution of the Institutions of “Extradition” and “Surrender” in the Doctrine of International Law","authors":"Andrei Baesu","doi":"10.54481/sju.2022.1.11","DOIUrl":"https://doi.org/10.54481/sju.2022.1.11","url":null,"abstract":"Extradition is an agreed commitment between the governments of sovereign states to cede a person to the requesting state the purpose of criminal prosecution for certain crimes or for the execution of a custodial sentence, including the application of preventive measures. At the same time, surrender consists in the actions of a state to hand over a person to the International Criminal Court for crimes of genocide, aggression, war and against humanity. In this article the author highlights the essence, historical evolution and difference of extradition and surrender institutions as a form of international cooperation in criminal matters.","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":"46941532","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 ex-Soviet space in general and in the Republic of Moldova in particular, the ideological aspects of national security are instinctively associated with the tragic consequences of the Soviet system and the communist regime of that period. However, the express definition of the national interest and national values as the foundation of the state structure and the normative system for ensuring national security constitutes an indisputable imperative. Thus, this article reflects, in addition to the definitions, conceptions and interpretations of the term ideology, in the context of ensuring the legal-normative basis of the state’s national security, and the need for the express formulation in the text of the future National Security Strategy, the essence and content of the national interest and national values, as the ideological foundations of the national security of the Republic of Moldova.
{"title":"Legal Regulation of the Ideological Aspects in the Process of Ensuring the National Security of the Republic of Moldova","authors":"Alexandru Cauia","doi":"10.54481/sju.2022.1.02","DOIUrl":"https://doi.org/10.54481/sju.2022.1.02","url":null,"abstract":"In the ex-Soviet space in general and in the Republic of Moldova in particular, the ideological aspects of national security are instinctively associated with the tragic consequences of the Soviet system and the communist regime of that period. However, the express definition of the national interest and national values as the foundation of the state structure and the normative system for ensuring national security constitutes an indisputable imperative. Thus, this article reflects, in addition to the definitions, conceptions and interpretations of the term ideology, in the context of ensuring the legal-normative basis of the state’s national security, and the need for the express formulation in the text of the future National Security Strategy, the essence and content of the national interest and national values, as the ideological foundations of the national security of the Republic of Moldova.","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":"49130731","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 ethnic identity of Romanians, its unity cannot be identified outside the investigation of a complex, deep, creative social life, of the trinomial language, culture, religion, to which are added specific elements of civilization, within this human community. According to historicism, a principle of dialectics, the phenomena of reality must be seen in the process of their development and their disappearance, in an indissoluble connection with the concrete historical conditions that generated them. Historicism is opposed to the tendencies of substituting the concrete historical study of social reality by abstract schemes, as well as to the historicism that overbid the genetic, diachronic approach in explaining the social phenomenon, neglecting the systemic and synchronic, as non-essential factors but with permanent action in determining development.
{"title":"Romanians’ History, Identity and Tradition: Legal Perspective","authors":"Bogdan Cuza","doi":"10.54481/sju.2022.1.13","DOIUrl":"https://doi.org/10.54481/sju.2022.1.13","url":null,"abstract":"The ethnic identity of Romanians, its unity cannot be identified outside the investigation of a complex, deep, creative social life, of the trinomial language, culture, religion, to which are added specific elements of civilization, within this human community. According to historicism, a principle of dialectics, the phenomena of reality must be seen in the process of their development and their disappearance, in an indissoluble connection with the concrete historical conditions that generated them. Historicism is opposed to the tendencies of substituting the concrete historical study of social reality by abstract schemes, as well as to the historicism that overbid the genetic, diachronic approach in explaining the social phenomenon, neglecting the systemic and synchronic, as non-essential factors but with permanent action in determining development.","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":"42550705","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}
With the rise in the number of harmful acts targeted at a person’s health, the protection of people from acts intended to endanger life was imposed as an objective requirement. Research on the issues of criminal culpability for offenses against a person’s health has received and continues to receive attention in the field of criminal law. Because these crimes are significant in the context where the degree of prejudicialness is higher if we are dealing with criminal participation, the participants themselves are a bigger danger, the research will analyze these crimes through the lens of criminal involvement in this context. If a crime against a person’s health is perpetrated by a group of persons who have either explicitly or implicitly agreed to do something. Whenever a crime against the health of the person is committed through the activity of several people, who have agreed expressly or tacitly for this purpose, before or during its commission, there is a criminal participation, that is, it is claimed that the agreement is the basic condition of participation.
{"title":"Crimes Against Personal Health Committed Through Participation","authors":"Alexandru Arcer","doi":"10.54481/sju.2022.1.12","DOIUrl":"https://doi.org/10.54481/sju.2022.1.12","url":null,"abstract":"With the rise in the number of harmful acts targeted at a person’s health, the protection of people from acts intended to endanger life was imposed as an objective requirement. Research on the issues of criminal culpability for offenses against a person’s health has received and continues to receive attention in the field of criminal law. Because these crimes are significant in the context where the degree of prejudicialness is higher if we are dealing with criminal participation, the participants themselves are a bigger danger, the research will analyze these crimes through the lens of criminal involvement in this context. If a crime against a person’s health is perpetrated by a group of persons who have either explicitly or implicitly agreed to do something. Whenever a crime against the health of the person is committed through the activity of several people, who have agreed expressly or tacitly for this purpose, before or during its commission, there is a criminal participation, that is, it is claimed that the agreement is the basic condition of participation.","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":"44859182","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 order to ensure the uniformity and effectiveness of the European Union law, the Court of Justice of the European Union has been given clearly defined jurisdictional powers, which it exercises on references for preliminary rulings and in various categories of proceedings. Below are set out the proceedings in detail. Discussed are not just the main conditions of each proceeding already known from the European law systems but also those developed by the Court of Justice of the European Union.
{"title":"Theoretical and Practical Aspects of the Procedure for Lodging an Application at the Court of Justice of the EU","authors":"Mihail Poalelungi","doi":"10.54481/sju.2022.1.14","DOIUrl":"https://doi.org/10.54481/sju.2022.1.14","url":null,"abstract":"In order to ensure the uniformity and effectiveness of the European Union law, the Court of Justice of the European Union has been given clearly defined jurisdictional powers, which it exercises on references for preliminary rulings and in various categories of proceedings. Below are set out the proceedings in detail. Discussed are not just the main conditions of each proceeding already known from the European law systems but also those developed by the Court of Justice of the European Union.","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":"43298238","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 development of the guiding principles regarding the status of internally displaced persons by the UN Human Rights Commission was a reaction to the critical situation in which this category finds itself, given the lack of regulation of their legal status at the international level. However, this document attempted to equalize the legal status of internally displaced persons and refugees, especially the normative framework that ensures security for internally displaced persons equal to that of refugees, including the involvement of international bodies.
{"title":"Regulation of the Status of Internally Displaced Persons in the Light of the Guiding Principles of the UN Human Rights Commission of 17.05.1998","authors":"Vitalie Gamurari, Aliona Cigulea","doi":"10.54481/sju.2022.1.01","DOIUrl":"https://doi.org/10.54481/sju.2022.1.01","url":null,"abstract":"The development of the guiding principles regarding the status of internally displaced persons by the UN Human Rights Commission was a reaction to the critical situation in which this category finds itself, given the lack of regulation of their legal status at the international level. However, this document attempted to equalize the legal status of internally displaced persons and refugees, especially the normative framework that ensures security for internally displaced persons equal to that of refugees, including the involvement of international bodies.","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":"49164236","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 a continuous attempt to reform the judiciary in the Republic of Moldova, the Parliament and the Government have amended and adopted several normative acts that allow the evaluation of judges and prosecutors by a Commission formed by 6 members, three of them citizens of the Republic of Moldova elected by the Parliamentary majority, and the other three, foreign citizens proposed by the development partners of the Republic of Moldova. The draft Law on the Supreme Court of Justice provides in art. 13 the fact that all judges of the Supreme Court of Justice will be evaluated extraordinarily depending on the date of entry into force of this law, including those suspended. The extraordinary assessment is provided for, more recently, in the Law on the Prosecutor’s Office. These legislative changes, in addition to giving the politician direct and unconstitutional control over the judicial power, represent a surrender of sovereignty in favour of foreign states or supranational international bodies. To understand in depth the risk of implementing this system of extraordinary evaluation of judges and prosecutors, we will successively analyze the notions of sovereignty, judicial power and the principle of its independence, but also the necessity or constitutionality of implementing the extraordinary evaluation system of magistrates. Basically, we believe that an evaluation of judges and prosecutors would be opportune, but the members of such a Commission cannot be foreign citizens or persons appointed by a political body, precisely to exclude political interference in the judiciary. The political character of these normative acts but also the tendency of the executive to control the judicial power has already been sanctioned by the Constitutional Court by declaring some phrases from Law no. 26/2022 as unconstitutional.
{"title":"The Extraordinary Assessment of SCJ Judges and the Establishment of the Commission for Evaluating the Integrity of Candidates for the Position of Member in the Self- administration Bodies of Judges and Prosecutors or the Risk of Enslaving the Judiciary","authors":"Iulian Rusanovschi","doi":"10.54481/sju.2022.1.16","DOIUrl":"https://doi.org/10.54481/sju.2022.1.16","url":null,"abstract":"In a continuous attempt to reform the judiciary in the Republic of Moldova, the Parliament and the Government have amended and adopted several normative acts that allow the evaluation of judges and prosecutors by a Commission formed by 6 members, three of them citizens of the Republic of Moldova elected by the Parliamentary majority, and the other three, foreign citizens proposed by the development partners of the Republic of Moldova. The draft Law on the Supreme Court of Justice provides in art. 13 the fact that all judges of the Supreme Court of Justice will be evaluated extraordinarily depending on the date of entry into force of this law, including those suspended. The extraordinary assessment is provided for, more recently, in the Law on the Prosecutor’s Office. These legislative changes, in addition to giving the politician direct and unconstitutional control over the judicial power, represent a surrender of sovereignty in favour of foreign states or supranational international bodies. To understand in depth the risk of implementing this system of extraordinary evaluation of judges and prosecutors, we will successively analyze the notions of sovereignty, judicial power and the principle of its independence, but also the necessity or constitutionality of implementing the extraordinary evaluation system of magistrates. Basically, we believe that an evaluation of judges and prosecutors would be opportune, but the members of such a Commission cannot be foreign citizens or persons appointed by a political body, precisely to exclude political interference in the judiciary. The political character of these normative acts but also the tendency of the executive to control the judicial power has already been sanctioned by the Constitutional Court by declaring some phrases from Law no. 26/2022 as unconstitutional.","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":"43842856","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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