Pub Date : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).12
Alexandru Crudu
As it is known, in the theory of criminal enforcement law, the classification of convicts to criminal sentences deprived of liberty is taken into account at three levels. The first level is the primary legal classification, the purpose of which is to differentiate the punishment for the offender according to the nature and degree of danger of the crime he/she committed. The second level is the secondary criminal execution classification of convicts, which involves differentiating the execution of the sentence and correcting convicts, excluding the negative influence of some convicts on others. The third level of classification of convicts involves the study of their personality, based on psycho-pedagogical, forensic, social and other criteria. This article has analyzed the main tools for classifying and distributing convicts in a progressive sentence system. Thus, the doctrinal opinions regarding the efficiency of the classification process were studied, as well as the ways of classifying the convicts in the criminal enforcement law. Likewise, the additional criteria for classifying convicts applied by prison staff were examined, in addition to those expressly regulated by the Enforcement Code. Finally, recommendations were made in the context of improving the instruments for classifying and distributing convicts, as well as proposals to amend the regulatory framework in this regard.
{"title":"Classification and distribution of convicted people in a progressive system of execution of the sentence","authors":"Alexandru Crudu","doi":"10.52388/1811-0770.2022.1(247).12","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).12","url":null,"abstract":"As it is known, in the theory of criminal enforcement law, the classification of convicts to criminal sentences deprived of liberty is taken into account at three levels. The first level is the primary legal classification, the purpose of which is to differentiate the punishment for the offender according to the nature and degree of danger of the crime he/she committed. The second level is the secondary criminal execution classification of convicts, which involves differentiating the execution of the sentence and correcting convicts, excluding the negative influence of some convicts on others. The third level of classification of convicts involves the study of their personality, based on psycho-pedagogical, forensic, social and other criteria. This article has analyzed the main tools for classifying and distributing convicts in a progressive sentence system. Thus, the doctrinal opinions regarding the efficiency of the classification process were studied, as well as the ways of classifying the convicts in the criminal enforcement law. Likewise, the additional criteria for classifying convicts applied by prison staff were examined, in addition to those expressly regulated by the Enforcement Code. Finally, recommendations were made in the context of improving the instruments for classifying and distributing convicts, as well as proposals to amend the regulatory framework in this regard.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90139827","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).09
Andrian Badia
The globalization processes currently taking place around the world, along with the increasingly accelerating development of technical and scientific progress, are leading to the imminent quantitative and qualitative modification of contemporary crime. In its structure, an increasingly significant weight is acquired by economic criminality, which "feeds" all others, including those related to banditry, separatism, terrorism, etc. The present paper is devoted to the issue of forensic technique, its nature and place in the system of scientific knowledge, its methodological role in the formation of the general theory of judicial expertise, but also to some theoretical-practical problems that persist in expertise. It is stated that both forensic science as a whole, and especially forensic technology, present areas of synthetic and not purely legal nature, which merge knowledge in the fields of technique and nature – fact, of only scientology significance, at the moment. Next, the formation of a new field is analyzed - judicial expertise, derived from the forensic technique, arising from the need to generalize and theoretically argue the processes that occur in the practical activity of expertise, serving as support in the formation of the scientific bases of the varieties of expertise.
{"title":"Forensic technique: problems, trends, perspectives","authors":"Andrian Badia","doi":"10.52388/1811-0770.2022.2(248).09","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).09","url":null,"abstract":"The globalization processes currently taking place around the world, along with the increasingly accelerating development of technical and scientific progress, are leading to the imminent quantitative and qualitative modification of contemporary crime. In its structure, an increasingly significant weight is acquired by economic criminality, which \"feeds\" all others, including those related to banditry, separatism, terrorism, etc. The present paper is devoted to the issue of forensic technique, its nature and place in the system of scientific knowledge, its methodological role in the formation of the general theory of judicial expertise, but also to some theoretical-practical problems that persist in expertise. It is stated that both forensic science as a whole, and especially forensic technology, present areas of synthetic and not purely legal nature, which merge knowledge in the fields of technique and nature – fact, of only scientology significance, at the moment. Next, the formation of a new field is analyzed - judicial expertise, derived from the forensic technique, arising from the need to generalize and theoretically argue the processes that occur in the practical activity of expertise, serving as support in the formation of the scientific bases of the varieties of expertise.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88677182","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).23
Valentin Chiriţa, Sofia Pilat
Despite the fact that vandalism has deep historical roots, with the development of civilization accompanied by the evolution of the urbanization process, this criminal act has become more widespread. This is due to the increasing share of transport infrastructure (the emergence of new public transport units, railways, etc.), cultural infrastructure and cults that include an impressive number of goods of historical, cultural or religious value; distancing the relations between the members of the social group; formalization of social relations and as a result the loss of informal social control over members of the community, etc. All these factors directly favor the commission of acts of vandalism, which affect the historical, cultural and religious values protected by the state. In the conditions of the existence of a rule of law, the fight against the crimes that threaten the public order acquires a special relevance. These circumstances were taken into account by the legislator in the process of elaborating the legal measures meant to counteract such criminal acts, measures that were reflected in the criminal legislation in force. The legal protection of patrimonial relations also implies the incrimination of the facts that harm the cultural heritage goods. In this sense, pursuing the purpose of heritage protection, the legislator incriminated the damage or destruction of cultural heritage assets in art. 1991 CP.
{"title":"Delimitation of vandalism from the crime of deterioration or destroyment of cultural heritage goods","authors":"Valentin Chiriţa, Sofia Pilat","doi":"10.52388/1811-0770.2022.1(247).23","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).23","url":null,"abstract":"Despite the fact that vandalism has deep historical roots, with the development of civilization accompanied by the evolution of the urbanization process, this criminal act has become more widespread. This is due to the increasing share of transport infrastructure (the emergence of new public transport units, railways, etc.), cultural infrastructure and cults that include an impressive number of goods of historical, cultural or religious value; distancing the relations between the members of the social group; formalization of social relations and as a result the loss of informal social control over members of the community, etc. All these factors directly favor the commission of acts of vandalism, which affect the historical, cultural and religious values protected by the state. In the conditions of the existence of a rule of law, the fight against the crimes that threaten the public order acquires a special relevance. These circumstances were taken into account by the legislator in the process of elaborating the legal measures meant to counteract such criminal acts, measures that were reflected in the criminal legislation in force. The legal protection of patrimonial relations also implies the incrimination of the facts that harm the cultural heritage goods. In this sense, pursuing the purpose of heritage protection, the legislator incriminated the damage or destruction of cultural heritage assets in art. 1991 CP.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"97 9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87705730","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).03
B. Glavan
The paper is dedicated to elucidating one of the most controversial issues of the special investigation activity related to the content of the concept of respect for the rights and freedoms of the person. The uncertainty that initiated this research starts from the trivial question: what should be understood by respecting the rights and freedoms of the person, fundamental principle of the special investigation activity, given that, on the one hand, the measures specific to this type of activity, by their nature, do they interfere with the rights and freedoms of the person, and on the other hand, does the national legislature distinguish between the notion of respect for the rights and freedoms of the person and that of the authorized restriction of those rights and freedoms? At the same time, the factual data obtained through the special activity of investigations fall into the disgrace of the law if the rights and freedoms of the person are not respected. All these ambiguities together are the subject of this study.
{"title":"Reflections on the concept of respect for the rights and freedoms of the person in the special investigation activity","authors":"B. Glavan","doi":"10.52388/1811-0770.2022.1(247).03","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).03","url":null,"abstract":"The paper is dedicated to elucidating one of the most controversial issues of the special investigation activity related to the content of the concept of respect for the rights and freedoms of the person. The uncertainty that initiated this research starts from the trivial question: what should be understood by respecting the rights and freedoms of the person, fundamental principle of the special investigation activity, given that, on the one hand, the measures specific to this type of activity, by their nature, do they interfere with the rights and freedoms of the person, and on the other hand, does the national legislature distinguish between the notion of respect for the rights and freedoms of the person and that of the authorized restriction of those rights and freedoms? At the same time, the factual data obtained through the special activity of investigations fall into the disgrace of the law if the rights and freedoms of the person are not respected. All these ambiguities together are the subject of this study.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83519316","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).15
Alexandru Armeanic, Nicolae Zavulan
The scientific update of the article is to highlight the positive aspects of the European practice and the ways to implement reforms for the current systems of the Republic of Moldova. Starting from the specifics of financial institutions as well as their activities, it is proposed to implement simplified and more effective processes, following international practice, which would increase the chances for a bank to return to the usual activity or in the aggravated cases to reduce the negative consequences not only on the legal company and the minimization of budget expenditures. The aim of the article is to assess the current state and development of the banking market and to adjust existing legislation to updated and more effective standards and procedures. Methods of research: classical and creative [1]. The outcomes: shaping the ways of efficient use of resources in order to solve as quickly as possible the disputes arising in a process of winding up a bank and creating a legal framework that would protect the financial institution, the clients how and state taxpayers. The research also resulted in a complex analysis of the procedures applied both on the territory of the Republic of Moldova and the international practice on banks in insolvency, the risk factors for a bank’s activities, the proposed methods and techniques for optimizing the state intervention process for improving the state of a bank in the context of internal policies and the process of globalization.
{"title":"Improving national banking regulations during the period of global financial instability","authors":"Alexandru Armeanic, Nicolae Zavulan","doi":"10.52388/1811-0770.2022.2(248).15","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).15","url":null,"abstract":"The scientific update of the article is to highlight the positive aspects of the European practice and the ways to implement reforms for the current systems of the Republic of Moldova. Starting from the specifics of financial institutions as well as their activities, it is proposed to implement simplified and more effective processes, following international practice, which would increase the chances for a bank to return to the usual activity or in the aggravated cases to reduce the negative consequences not only on the legal company and the minimization of budget expenditures. The aim of the article is to assess the current state and development of the banking market and to adjust existing legislation to updated and more effective standards and procedures. Methods of research: classical and creative [1]. The outcomes: shaping the ways of efficient use of resources in order to solve as quickly as possible the disputes arising in a process of winding up a bank and creating a legal framework that would protect the financial institution, the clients how and state taxpayers. The research also resulted in a complex analysis of the procedures applied both on the territory of the Republic of Moldova and the international practice on banks in insolvency, the risk factors for a bank’s activities, the proposed methods and techniques for optimizing the state intervention process for improving the state of a bank in the context of internal policies and the process of globalization.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"66 3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79287138","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).05
Victoria Dari
Citizenship is a fundamental right, a legal situation, a quality, a legal status. Therefore, fundamental rights are enshrined in constitutions and are determined by the legal status of the citizen, which are essential for citizens, for life, liberty and the development of their personality. These rights are essential only in relation to a company. The fundamental right - the right to citizenship, is a subjective right of citizens of a state, an essential right to life, liberty and dignity, indispensable for the development of human personality, a right established by the Constitution and guaranteed by the Constitution. The article includes the analysis of the guarantees of the right to citizenship in the legal systems analyzed comparatively: continental and Anglo-Saxon law. The authors consider it opportune to first make a brief characterization of the mentioned legal systems, highlighting the main features that bring them closer or distinguish them. The states in both legal systems under review provide in its legislation the possibility of naturalization for persons legally residing in its territories.
{"title":"Guarantees of governance of the right to nationality in states of continental law","authors":"Victoria Dari","doi":"10.52388/1811-0770.2022.1(247).05","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).05","url":null,"abstract":"Citizenship is a fundamental right, a legal situation, a quality, a legal status. Therefore, fundamental rights are enshrined in constitutions and are determined by the legal status of the citizen, which are essential for citizens, for life, liberty and the development of their personality. These rights are essential only in relation to a company. The fundamental right - the right to citizenship, is a subjective right of citizens of a state, an essential right to life, liberty and dignity, indispensable for the development of human personality, a right established by the Constitution and guaranteed by the Constitution. The article includes the analysis of the guarantees of the right to citizenship in the legal systems analyzed comparatively: continental and Anglo-Saxon law. The authors consider it opportune to first make a brief characterization of the mentioned legal systems, highlighting the main features that bring them closer or distinguish them. The states in both legal systems under review provide in its legislation the possibility of naturalization for persons legally residing in its territories.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91327005","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).10
B. Glavan
The object of study of the present paper is the starting limit of the criminal process, which in the legal regulation of the Republic of Moldova is distinct from that of starting the criminal prosecution. The topicality of the investigated theme derives from the complexity of the problems related to the identification of the respective limit, especially since the Moldovan legislator avoided establishing a certain procedural act that would mark the beginning of the criminal process. The interest of the analysis of this research subject starts from the conditioning provided in Law no. 59/2012 on the special investigation activity regarding the performance of different categories of special investigation measures either within or outside the criminal process, a condition that marks the legality or illegality of those measures. Following the research carried out, it is concluded that the current provisions of the Moldovan procedural law are not clear enough regarding the beginning of the criminal process, a fact that essentially limits the potential of special investigations in the phase of the criminal process before the criminal prosecution and that significantly benefits the criminal elements, ruining the trust of the state by law the Republic of Moldova – guarantor of constitutional values.
{"title":"Starting the criminal process in the legal regulation of the Republic of Moldova – an essential criterion of the special investigation activity","authors":"B. Glavan","doi":"10.52388/1811-0770.2022.2(248).10","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).10","url":null,"abstract":"The object of study of the present paper is the starting limit of the criminal process, which in the legal regulation of the Republic of Moldova is distinct from that of starting the criminal prosecution. The topicality of the investigated theme derives from the complexity of the problems related to the identification of the respective limit, especially since the Moldovan legislator avoided establishing a certain procedural act that would mark the beginning of the criminal process. The interest of the analysis of this research subject starts from the conditioning provided in Law no. 59/2012 on the special investigation activity regarding the performance of different categories of special investigation measures either within or outside the criminal process, a condition that marks the legality or illegality of those measures. Following the research carried out, it is concluded that the current provisions of the Moldovan procedural law are not clear enough regarding the beginning of the criminal process, a fact that essentially limits the potential of special investigations in the phase of the criminal process before the criminal prosecution and that significantly benefits the criminal elements, ruining the trust of the state by law the Republic of Moldova – guarantor of constitutional values.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90239787","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).02
Valentin Chiriţa, A. Gaina
The constitutional provisions of the Republic of Moldova state that the right of the person to have access to any information of public interest cannot be limited, and the public authorities, according to their powers, are obliged to ensure the correct information of the citizens on public affairs and on issues of personal interest. Additionally, the provisions of the same article stipulate that the right to information must not prejudice measures to protect citizens or national security. The prevention and combating of crimes against public authorities, as well as acts threatening national security, as a result of the disclosure of state secrets, is of major importance, in the context of the new geopolitical situation. In the content of this article, some approaches were made regarding the etymology and notion of state secret, the degrees of secrecy, the principles and methods of assigning information to state secret, in accordance with the local legislation in force. At the same time, the provisions of foreign legislation with reference to the protection of classified information were studied, some additions to the normative framework in force in the field of state secret protection being proposed.
{"title":"The notion of state secret in the context of the legal framework of the crime provided by art. 344 of the Criminal code of the Republic of Moldova","authors":"Valentin Chiriţa, A. Gaina","doi":"10.52388/1811-0770.2022.2(248).02","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).02","url":null,"abstract":"The constitutional provisions of the Republic of Moldova state that the right of the person to have access to any information of public interest cannot be limited, and the public authorities, according to their powers, are obliged to ensure the correct information of the citizens on public affairs and on issues of personal interest. Additionally, the provisions of the same article stipulate that the right to information must not prejudice measures to protect citizens or national security. The prevention and combating of crimes against public authorities, as well as acts threatening national security, as a result of the disclosure of state secrets, is of major importance, in the context of the new geopolitical situation. In the content of this article, some approaches were made regarding the etymology and notion of state secret, the degrees of secrecy, the principles and methods of assigning information to state secret, in accordance with the local legislation in force. At the same time, the provisions of foreign legislation with reference to the protection of classified information were studied, some additions to the normative framework in force in the field of state secret protection being proposed.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81311052","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).26
Bogdan Cuza
In this article, the author highlights the importance of legal methodology in the research process, because the writings about law must comprise almost all theoretical concerns, centered on the exegesis of positive law, of jurisprudence, especially in the area of interpretation, of legal hermeneutics. This work is also significant from the standpoint of transdisciplinarity, as the necessity for legal knowledge to contribute to the contemplation of law, constituted in other domains such as philosophical, theological, or artistic, has become increasingly apparent. In this sense, we consider the defining quality of law as a cultural product, as a creation of the integral human spirit. The research of the legal phenomenon must necessarily take into account the investigations carried out equally in other fields of universal science. Thus, the scientific approach of the present research aims at the ignored or blurred existence of some important legal meanings in the cultural, historical, artistic, literary, religious creation and which are extremely beneficial for the theory and practice of law. The research methodology involves traditional methods such as the historical, logical, comparative, systemic method, but also current methods such as the informational - communicational ones, as well as the integrative strategy, without affecting the specificity of the legal phenomenon.
{"title":"Legal knowledge through the prism of a new metho-dological horizon","authors":"Bogdan Cuza","doi":"10.52388/1811-0770.2022.1(247).26","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).26","url":null,"abstract":"In this article, the author highlights the importance of legal methodology in the research process, because the writings about law must comprise almost all theoretical concerns, centered on the exegesis of positive law, of jurisprudence, especially in the area of interpretation, of legal hermeneutics. This work is also significant from the standpoint of transdisciplinarity, as the necessity for legal knowledge to contribute to the contemplation of law, constituted in other domains such as philosophical, theological, or artistic, has become increasingly apparent. In this sense, we consider the defining quality of law as a cultural product, as a creation of the integral human spirit. The research of the legal phenomenon must necessarily take into account the investigations carried out equally in other fields of universal science. Thus, the scientific approach of the present research aims at the ignored or blurred existence of some important legal meanings in the cultural, historical, artistic, literary, religious creation and which are extremely beneficial for the theory and practice of law. The research methodology involves traditional methods such as the historical, logical, comparative, systemic method, but also current methods such as the informational - communicational ones, as well as the integrative strategy, without affecting the specificity of the legal phenomenon.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79776905","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).01
Mihail Poalelungi, Alexander Kurtskhalia
The thorough resolution of conflicts is impossible not only without removing the objective bases of the conflicting parties’ confrontation, but also without identifying the subjective divergences between the participants in the conflict and the international community participating in its resolution. In this context, the territorial conflicts in Abkhazia and South Ossetia should be seen as political-territorial and international, considering the dynamics of the changing geopolitical interests of the great powers at the regional and continental level. The central figure involved in these territorial conflicts is the Russian Federation, which uses the separatist regimes in Sukhumi and Tskhinvali as a tool to achieve its long-term geopolitical goals in Southwestern Europe – part of the former Soviet Union. Even in the case of a more constructive approach by Moscow to the problems in Abkhazia and South Ossetia, it is impossible to find a super-special status of the separatist regions, the adoption of which would automatically resolve the conflicts.
{"title":"Strategies and tactics for resolving territorial conflicts in Georgia through the prism of international law","authors":"Mihail Poalelungi, Alexander Kurtskhalia","doi":"10.52388/1811-0770.2022.2(248).01","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).01","url":null,"abstract":"The thorough resolution of conflicts is impossible not only without removing the objective bases of the conflicting parties’ confrontation, but also without identifying the subjective divergences between the participants in the conflict and the international community participating in its resolution. In this context, the territorial conflicts in Abkhazia and South Ossetia should be seen as political-territorial and international, considering the dynamics of the changing geopolitical interests of the great powers at the regional and continental level. The central figure involved in these territorial conflicts is the Russian Federation, which uses the separatist regimes in Sukhumi and Tskhinvali as a tool to achieve its long-term geopolitical goals in Southwestern Europe – part of the former Soviet Union. Even in the case of a more constructive approach by Moscow to the problems in Abkhazia and South Ossetia, it is impossible to find a super-special status of the separatist regions, the adoption of which would automatically resolve the conflicts.","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":"72857010","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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