Pub Date : 2023-01-01DOI: 10.52388/1811-0770.2022.2(248).18
Anastasia Boldescu
Normative and doctrinal definitions of the notion of hunt (hunting) contain the enumeration as closer species (in relation to the more distant type of hunt (hunting)) of the following ways: detection; search; arousal; tracking; chase; injury; acquisition (kill or capture); other activity aimed at acquisition. Starting from this premise, we consider that the first aspect, which must be taken into account when establishing the meaning of the notion of hunt (hunting) within the meaning of article 233 of the Criminal Code of the Republic of Moldova, is to find out which of the respective methods can be found in this notion from the criminal law. The offense provided for in article 233 of the Criminal Code of the Republic of Moldova, is a material one. For these reasons, not all the ways, listed in the definition of the notion of hunting in article 2 of Law no. 298/2018, are able to express the legal essence of the prejudicial action provided for in article 233 of the Criminal Code of the Republic of Moldova. The definition given was not designed to reflect the fact that this offense is considered to be consumed from the moment of the occurrence of injurious consequences. The current title “Illegal hunting” of Article 233 of the Criminal Code of the Republic of Moldova can no longer be tolerated. In order to improve Article 233 of the Criminal Code of the Republic of Moldova, it is necessary to amend this title in “Cynegetic poaching”.
{"title":"The shortcomings that characterize the notion of hunting, used in article 233 of the criminal code of the Republic of Moldova","authors":"Anastasia Boldescu","doi":"10.52388/1811-0770.2022.2(248).18","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).18","url":null,"abstract":"Normative and doctrinal definitions of the notion of hunt (hunting) contain the enumeration as closer species (in relation to the more distant type of hunt (hunting)) of the following ways: detection; search; arousal; tracking; chase; injury; acquisition (kill or capture); other activity aimed at acquisition. Starting from this premise, we consider that the first aspect, which must be taken into account when establishing the meaning of the notion of hunt (hunting) within the meaning of article 233 of the Criminal Code of the Republic of Moldova, is to find out which of the respective methods can be found in this notion from the criminal law. The offense provided for in article 233 of the Criminal Code of the Republic of Moldova, is a material one. For these reasons, not all the ways, listed in the definition of the notion of hunting in article 2 of Law no. 298/2018, are able to express the legal essence of the prejudicial action provided for in article 233 of the Criminal Code of the Republic of Moldova. The definition given was not designed to reflect the fact that this offense is considered to be consumed from the moment of the occurrence of injurious consequences. The current title “Illegal hunting” of Article 233 of the Criminal Code of the Republic of Moldova can no longer be tolerated. In order to improve Article 233 of the Criminal Code of the Republic of Moldova, it is necessary to amend this title in “Cynegetic poaching”.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84880578","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 : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).16
Igor Soroceanu
In accordance with the provisions of Article 2 paragraph (1) of the Criminal Code of the Republic of Moldova, we note that the legislator enunciated a complex of supreme values, which the Criminal Law is intended to defend. Thus, according to the text of the law, persons, their rights and freedoms, property, environment, constitutional order, sovereignty, the independence and territorial integrity of the Republic of Moldova, the peace and security of humanity, and the entire order of law are protected. [1, Article 2 (1)] The activity of mercenaries is a crime that directly threatens the peace and security of mankind. Mercenaries are persons liable to criminal liability who possess a special quality. Their activity is illegal and subject to criminal liability by most countries in the world. In the order that follows, we propose as a desideratum - to perform a legal-criminal analysis of crimes related to the activity of mercenaries. Therefore, in this order of ideas of the existing social values in the society, we notice that the human community is also defended from the point of view of the peace and security of humanity. Which is presumed that the crimes in the field of war are not tolerated in objective reality, and in the case of their commission - criminal liability arises.
{"title":"Legal-criminal analysis of the crime regarding the activity of mercenaries","authors":"Igor Soroceanu","doi":"10.52388/1811-0770.2022.1(247).16","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).16","url":null,"abstract":"In accordance with the provisions of Article 2 paragraph (1) of the Criminal Code of the Republic of Moldova, we note that the legislator enunciated a complex of supreme values, which the Criminal Law is intended to defend. Thus, according to the text of the law, persons, their rights and freedoms, property, environment, constitutional order, sovereignty, the independence and territorial integrity of the Republic of Moldova, the peace and security of humanity, and the entire order of law are protected. [1, Article 2 (1)] The activity of mercenaries is a crime that directly threatens the peace and security of mankind. Mercenaries are persons liable to criminal liability who possess a special quality. Their activity is illegal and subject to criminal liability by most countries in the world. In the order that follows, we propose as a desideratum - to perform a legal-criminal analysis of crimes related to the activity of mercenaries. Therefore, in this order of ideas of the existing social values in the society, we notice that the human community is also defended from the point of view of the peace and security of humanity. Which is presumed that the crimes in the field of war are not tolerated in objective reality, and in the case of their commission - criminal liability arises.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"88 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85485899","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 : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).20
B. Glavan
The paper is devoted to the field of special investigative activity and criminal proceedings. Through the historical research method, the evolution of the special investigation activity in relation to the criminal process and the institution of human law is studied and analyzed. The study shows that no distinction was initially made between special investigations and criminal proceedings. Subsequently, as human rights are exploited, these two types of activity are divided, the criminal process becoming a public form of investigation of crimes and special investigations being kept secret, fulfilling the function of providing information on the criminal process and ensuring security. Our country’s adherence to international human rights law has led to the legalization of special investigations separately from criminal proceedings. Later, also under the influence of human rights, the partial reintegration of the two forms of investigations followed. Thus, the whole evolutionary process of special investigations is divided into four consecutive stages: the first stage begins in ancient times and ends in the twentieth century. XIX; the second stage lasts until the end of the century. XX; the third stage begins with the legalization of the special investigation activity and the last stage begins with the reintegration of the special investigation activity and the criminal process.
{"title":"Development of special investigation activities in relation to criminal process and human rights","authors":"B. Glavan","doi":"10.52388/1811-0770.2022.1(247).20","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).20","url":null,"abstract":"The paper is devoted to the field of special investigative activity and criminal proceedings. Through the historical research method, the evolution of the special investigation activity in relation to the criminal process and the institution of human law is studied and analyzed. The study shows that no distinction was initially made between special investigations and criminal proceedings. Subsequently, as human rights are exploited, these two types of activity are divided, the criminal process becoming a public form of investigation of crimes and special investigations being kept secret, fulfilling the function of providing information on the criminal process and ensuring security. Our country’s adherence to international human rights law has led to the legalization of special investigations separately from criminal proceedings. Later, also under the influence of human rights, the partial reintegration of the two forms of investigations followed. Thus, the whole evolutionary process of special investigations is divided into four consecutive stages: the first stage begins in ancient times and ends in the twentieth century. XIX; the second stage lasts until the end of the century. XX; the third stage begins with the legalization of the special investigation activity and the last stage begins with the reintegration of the special investigation activity and the criminal process.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"63 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85606651","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 : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).14
Victoria Dari, Veaceslav Zaporojan
The topic of the right to citizenship is undoubtedly quite broad and its research is expanding, as more and more theorists are discussing the ways in which many crises influence the concept of citizenship. Citizenship is a principle that is the source of the legal-political link between the state and the citizen, at the same time, the concept evaluates as it evolves and develops states. That article will examine the institution of citizenship as a notion of law. The specific nature of this institution is explained by the fact that it integrates elements specific to several branches of law. The legal notion of citizenship results mainly from constitutional law, because it is the expression of sovereignty, namely this right determines the actual content of this institution. The purpose and objectives of the article are to reflect the institution of the right to citizenship, its guarantees and limits, as elements of constitutional law, subject to expertise the compatibility of national and international constitutional limits in the field of protection of the right to citizenship with the rules of the ECHR Convention and the case law of the EctHR,to argue for changes in order to adjust national to international ones.
{"title":"Aspects of legal and sociological problems of the citizenship institution","authors":"Victoria Dari, Veaceslav Zaporojan","doi":"10.52388/1811-0770.2022.1(247).14","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).14","url":null,"abstract":"The topic of the right to citizenship is undoubtedly quite broad and its research is expanding, as more and more theorists are discussing the ways in which many crises influence the concept of citizenship. Citizenship is a principle that is the source of the legal-political link between the state and the citizen, at the same time, the concept evaluates as it evolves and develops states. That article will examine the institution of citizenship as a notion of law. The specific nature of this institution is explained by the fact that it integrates elements specific to several branches of law. The legal notion of citizenship results mainly from constitutional law, because it is the expression of sovereignty, namely this right determines the actual content of this institution. The purpose and objectives of the article are to reflect the institution of the right to citizenship, its guarantees and limits, as elements of constitutional law, subject to expertise the compatibility of national and international constitutional limits in the field of protection of the right to citizenship with the rules of the ECHR Convention and the case law of the EctHR,to argue for changes in order to adjust national to international ones.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"338 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82956319","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 : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).09
В.С. Сухов
The essence of free legal aid consists of a public relations system that results from the appeal of some persons by law to the body empowered to officials to receive free qualified legal aid. Important elements of the concept of “free legal aid” are the basis and procedure for granting it, which in turn leads to the need to determine in law the persons entitled to free legal aid. In the Republic of Moldova, a large number of people from year to year receive free legal assistance, paid by the state. At the same time, the right to free legal aid is not absolute, and the possibility of obtaining such aid is an additional guarantee of access to justice for socially vulnerable people. In this article, the author examines the international criteria for granting state-guaranteed legal aid in order to find a balance between the principle of the availability of free legal aid and the effectiveness of the use of public funds allocated to it.
{"title":"Criteria for providing free legal assistance: international legal aspects","authors":"В.С. Сухов","doi":"10.52388/1811-0770.2022.1(247).09","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).09","url":null,"abstract":"The essence of free legal aid consists of a public relations system that results from the appeal of some persons by law to the body empowered to officials to receive free qualified legal aid. Important elements of the concept of “free legal aid” are the basis and procedure for granting it, which in turn leads to the need to determine in law the persons entitled to free legal aid. In the Republic of Moldova, a large number of people from year to year receive free legal assistance, paid by the state. At the same time, the right to free legal aid is not absolute, and the possibility of obtaining such aid is an additional guarantee of access to justice for socially vulnerable people. In this article, the author examines the international criteria for granting state-guaranteed legal aid in order to find a balance between the principle of the availability of free legal aid and the effectiveness of the use of public funds allocated to it.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90858307","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 : 2023-01-01DOI: 10.52388/1811-0770.2022.2(248).06
A. Gaina
Before proceeding to examine the aggravating circumstances of the offense specified in Article 344 of the Criminal Code of the Republic of Moldova, it was considered appropriate to refer, first of all, to their determination and definition according to the criminal doctrine of the Republic of Moldova. Within the provisions of Article 77 Criminal Code of the Republic of Moldova, one of the aggravating circumstances is the provocation of serious consequences by criminal offense. This article addresses aggravating circumstances, as a result of the disclosure of "top secret" and "secret" classified information, which may affect social relations regarding state security, in terms of ensuring the smooth functioning of the fields of national defense, economy, science, technology, foreign relations, etc., through the lens of the legal provisions of paragraph (2) article 344 of the Criminal Code of the Republic of Moldova. At the same time, the problem is revealed in determining the estimated sign of “serious consequences”, as an aggravating circumstance of the crime of disclosure of state secrets. In order to achieve the proposed goal, the author used the following methods: the logical method (based on inductive and deductive analysis) and the comparative method.
{"title":"Aggravating circumstances of the crime of disclosure of state secret","authors":"A. Gaina","doi":"10.52388/1811-0770.2022.2(248).06","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).06","url":null,"abstract":"Before proceeding to examine the aggravating circumstances of the offense specified in Article 344 of the Criminal Code of the Republic of Moldova, it was considered appropriate to refer, first of all, to their determination and definition according to the criminal doctrine of the Republic of Moldova. Within the provisions of Article 77 Criminal Code of the Republic of Moldova, one of the aggravating circumstances is the provocation of serious consequences by criminal offense. This article addresses aggravating circumstances, as a result of the disclosure of \"top secret\" and \"secret\" classified information, which may affect social relations regarding state security, in terms of ensuring the smooth functioning of the fields of national defense, economy, science, technology, foreign relations, etc., through the lens of the legal provisions of paragraph (2) article 344 of the Criminal Code of the Republic of Moldova. At the same time, the problem is revealed in determining the estimated sign of “serious consequences”, as an aggravating circumstance of the crime of disclosure of state secrets. In order to achieve the proposed goal, the author used the following methods: the logical method (based on inductive and deductive analysis) and the comparative method.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"83 1-3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72452876","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 : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).11
Irina Pavel-Guzun
Special procedures are rules ensuring access to simpler procedural means and forms for litigants, with the aim of speeding up proceedings in order to ensure speedy resolution of cases and efficient administration of justice. Since the conditional suspension of criminal proceedings is a distinct procedural institution, which implies the temporary suspension, by the prosecutor, of the activity of gathering evidence through evidentiary means and procedures, without the decisive or definitive resolution of the case under investigation, it becomes necessary to study the procedure in question, all the more so since it is noted that it has become obsolete over time. It should be noted that the DEX defines suspension as interruption, (temporary) suppression, this meaning being also the one attributed by the legislator [1]. This article analyses the provisions in force relating to the institution in question, the grounds, the procedure, the deadlines and the actions taken by the state representatives to implement the institution. Special emphasis is placed on the analysis of the results of empirical field studies among judges, prosecutors and lawyers. Last but not least, recommendations have been proposed as a matter of law.
{"title":"Considerations on the application of the procedure for conditional suspension of the criminal prosecution","authors":"Irina Pavel-Guzun","doi":"10.52388/1811-0770.2022.1(247).11","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).11","url":null,"abstract":"Special procedures are rules ensuring access to simpler procedural means and forms for litigants, with the aim of speeding up proceedings in order to ensure speedy resolution of cases and efficient administration of justice. Since the conditional suspension of criminal proceedings is a distinct procedural institution, which implies the temporary suspension, by the prosecutor, of the activity of gathering evidence through evidentiary means and procedures, without the decisive or definitive resolution of the case under investigation, it becomes necessary to study the procedure in question, all the more so since it is noted that it has become obsolete over time. It should be noted that the DEX defines suspension as interruption, (temporary) suppression, this meaning being also the one attributed by the legislator [1]. This article analyses the provisions in force relating to the institution in question, the grounds, the procedure, the deadlines and the actions taken by the state representatives to implement the institution. Special emphasis is placed on the analysis of the results of empirical field studies among judges, prosecutors and lawyers. Last but not least, recommendations have been proposed as a matter of law.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81710763","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 : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).19
Silvia Stici
The wording of the notion and the importance of contracts for the provision of services in the energy field are to be made based on the provisions of the Civil Code and the special laws applicable in the energy field, including jurisprudence. The research was aimed at highlighting some aspects related to redefining the contracts for the supply of electricity and natural gas in a new wording. To this end, the notion, the legal nature and the importance of service contracts in the energy field were analyzed. Also, the concepts underlying the contracts for the provision of services in the energy field were determined. No less important in this respect are the provisions of the Civil Code of the Republic of Moldova which transposed (EU) Directive 2011/83 on consumers. In this article, special attention has also been paid to the doctrine, as the history of the evolution of the institution of contracts also has an important role to play in the provision of services in the field of energy. In the same context, the case law is of particular interest.
{"title":"The notion, the legal nature and the importance of the contracts for the provision of services in the energy field","authors":"Silvia Stici","doi":"10.52388/1811-0770.2022.1(247).19","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).19","url":null,"abstract":"The wording of the notion and the importance of contracts for the provision of services in the energy field are to be made based on the provisions of the Civil Code and the special laws applicable in the energy field, including jurisprudence. The research was aimed at highlighting some aspects related to redefining the contracts for the supply of electricity and natural gas in a new wording. To this end, the notion, the legal nature and the importance of service contracts in the energy field were analyzed. Also, the concepts underlying the contracts for the provision of services in the energy field were determined. No less important in this respect are the provisions of the Civil Code of the Republic of Moldova which transposed (EU) Directive 2011/83 on consumers. In this article, special attention has also been paid to the doctrine, as the history of the evolution of the institution of contracts also has an important role to play in the provision of services in the field of energy. In the same context, the case law is of particular interest.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87394634","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 : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).17
Grigore Ardelean, Adrian Creţu
Since the appearance of the first relations established on the occasion of the temporary use of another’s property, it has been necessary a clarity regarding the general term entitled the category of the legal relationship by which they materialize, but also the derived terms entitled and some varieties arising from it. For example, in the legal sense it is necessary to delimit the relations that are established in connection with the use of a certain good (land) from those that take place around the fact of the transmission of a good for free. Moreover, the development of all areas of life has also involved the diversification of the use of different categories of goods. Therefore, today the institution we are talking about is perceived almost unanimously as a location, a general term that makes it possible to understand the issue of using someone else’s property. However, when the object of the alienation of use is an agricultural land, then this report is called a lease, and when a certain good is put into use for free, the legal relationship materializes in the form of a loan agreement. Therefore, the legal regime of different varieties of leasing begins to be built right from the title of the report that is perceived by its name.
{"title":"The terminological concept of rental reports","authors":"Grigore Ardelean, Adrian Creţu","doi":"10.52388/1811-0770.2022.1(247).17","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).17","url":null,"abstract":"Since the appearance of the first relations established on the occasion of the temporary use of another’s property, it has been necessary a clarity regarding the general term entitled the category of the legal relationship by which they materialize, but also the derived terms entitled and some varieties arising from it. For example, in the legal sense it is necessary to delimit the relations that are established in connection with the use of a certain good (land) from those that take place around the fact of the transmission of a good for free. Moreover, the development of all areas of life has also involved the diversification of the use of different categories of goods. Therefore, today the institution we are talking about is perceived almost unanimously as a location, a general term that makes it possible to understand the issue of using someone else’s property. However, when the object of the alienation of use is an agricultural land, then this report is called a lease, and when a certain good is put into use for free, the legal relationship materializes in the form of a loan agreement. Therefore, the legal regime of different varieties of leasing begins to be built right from the title of the report that is perceived by its name.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83894682","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 : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).10
A. Smochină, Eugeniu Trocin
The issue of free access to justice is widely debated, both in the literature and in jurisprudence, the institution being distinguished by nuanced approaches depending on the branch of law that claims access to justice as a specific institution. Over time, free access to justice has been established as a fundamental principle of achieving justice, along with the principles of legality, good administration of justice, ensuring a fair trial, publicity of the trial, impartiality of the judge, and proportionality in the application of sanctions. Thus, given the reasoning that the most effective remedy for acts or acts of violation of subjective rights, including fundamental rights, or legitimate interests, is justice, which involves options and solutions based on the demands of justice, morality and fairness both in the process of drafting the law, as well as in the process of applying the legal norms, we set out to carry out a scientific approach on the evolution and consecration of the right of free access to justice from the ancient period to the present.
{"title":"Aspects regarding the evolution and recognition of the right to free access to justice","authors":"A. Smochină, Eugeniu Trocin","doi":"10.52388/1811-0770.2022.1(247).10","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).10","url":null,"abstract":"The issue of free access to justice is widely debated, both in the literature and in jurisprudence, the institution being distinguished by nuanced approaches depending on the branch of law that claims access to justice as a specific institution. Over time, free access to justice has been established as a fundamental principle of achieving justice, along with the principles of legality, good administration of justice, ensuring a fair trial, publicity of the trial, impartiality of the judge, and proportionality in the application of sanctions. Thus, given the reasoning that the most effective remedy for acts or acts of violation of subjective rights, including fundamental rights, or legitimate interests, is justice, which involves options and solutions based on the demands of justice, morality and fairness both in the process of drafting the law, as well as in the process of applying the legal norms, we set out to carry out a scientific approach on the evolution and consecration of the right of free access to justice from the ancient period to the present.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79067780","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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