Pub Date : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).04
Vladlena Lîsenco
Honor, dignity and business reputation are moral and legal categories that, in one way or another, reflect the assessment of moral and other qualities of a person. In the article, the author highlights the historical, legal and international aspect of the institution of honor, dignity and business reputation of persons, characterizes these categories as objects of legal protection; considers ways to protect violated human rights, as well as highlights some of the problems that arise in connection with this protection. An important role in the study is given to international non-governmental organizations established to promote international cooperation in the field of protecting the rights and freedoms of a person and a citizen. A special specificity of such activities of INGOs is the presence of a related area of activities with state and supranational government structures. Moreover, its inextricable link with politics within the existing international legal order is emphasized.
{"title":"Protection of honor, dignity and business reputation of citizens in international law","authors":"Vladlena Lîsenco","doi":"10.52388/1811-0770.2022.1(247).04","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).04","url":null,"abstract":"Honor, dignity and business reputation are moral and legal categories that, in one way or another, reflect the assessment of moral and other qualities of a person. In the article, the author highlights the historical, legal and international aspect of the institution of honor, dignity and business reputation of persons, characterizes these categories as objects of legal protection; considers ways to protect violated human rights, as well as highlights some of the problems that arise in connection with this protection. An important role in the study is given to international non-governmental organizations established to promote international cooperation in the field of protecting the rights and freedoms of a person and a citizen. A special specificity of such activities of INGOs is the presence of a related area of activities with state and supranational government structures. Moreover, its inextricable link with politics within the existing international legal order is emphasized.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"123 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73827262","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).02
Serghei Ţurcan, Iulian Rusanovschi
Initially, by the Decision of the Constitutional Court no. 2 of 09.02.2016, it was established that the exception of unconstitutionality may be raised before the court by any of the parties or its representative, as well as by the court ex officio. At the same time, the Constitutional Court observed that the conclusion of the court rejecting the objection of unconstitutionality was not subject to appeal, which violated the principle of the speed of trial.Consequently, the Court thought that the parties should have the opportunity to appeal separately the decision of the judge rejecting the request to lift the exception. Interestingly during the last 5 years, the Constitutional Court has abandoned its vision on the establishment of the appeal, the appeal against some decisions rejecting the requests to lift the exception of unconstitutionality.Using practically the same arguments as in the Judgment of 09.02.2016, the Constitutional Court subsequently considered that art. 7) para. 32) of the CPC is adopted by Law no. 99/2020 in the spirit of the Constitution, and the parties in the process may challenge the position, the conclusion of the court of the first instance by which the request regarding the lifting of the exception of unconstitutionality was rejected, together with the merits of the case.
{"title":"Contesting the conclusion of the rejection of the application for lifting the exception of unconstitutionality: the attitude of the Constitutional Court","authors":"Serghei Ţurcan, Iulian Rusanovschi","doi":"10.52388/1811-0770.2022.1(247).02","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).02","url":null,"abstract":"Initially, by the Decision of the Constitutional Court no. 2 of 09.02.2016, it was established that the exception of unconstitutionality may be raised before the court by any of the parties or its representative, as well as by the court ex officio. At the same time, the Constitutional Court observed that the conclusion of the court rejecting the objection of unconstitutionality was not subject to appeal, which violated the principle of the speed of trial.Consequently, the Court thought that the parties should have the opportunity to appeal separately the decision of the judge rejecting the request to lift the exception. Interestingly during the last 5 years, the Constitutional Court has abandoned its vision on the establishment of the appeal, the appeal against some decisions rejecting the requests to lift the exception of unconstitutionality.Using practically the same arguments as in the Judgment of 09.02.2016, the Constitutional Court subsequently considered that art. 7) para. 32) of the CPC is adopted by Law no. 99/2020 in the spirit of the Constitution, and the parties in the process may challenge the position, the conclusion of the court of the first instance by which the request regarding the lifting of the exception of unconstitutionality was rejected, together with the merits of the case.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73601227","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).07
Alexander Kurtskhalia
The Moldovan-Russian ceasefire agreement of July 21, 1992 is a bilateral act, suspending hostilities and passing the interstate dispute from its active, "hot" phase to a latent, "frozen" phase. The purpose of this document was to end the military confrontations on the Dniester. The document is officially called the "Convention on the Principles of Peaceful Settlement of the Armed Conflict in the Transnistrian Region of the Republic of Moldova" and was signed in Moscow by Presidents Boris Yeltsin and Mircea Snegur, in the presence of the Transnistrian leaders. The agreement provided for an immediate ceasefire, the creation of a “security zone”, the establishment of peacekeeping forces from Russian, Moldovan and separatist militaries. The parties in conflict on the Dniester were the Russian Federation, as the aggressor power, and the Republic of Moldova, as the aggressor state. Gradually, the Russian Federation shifted its emphasis towards defining the conflict on the Dniester as a strictly internal one, by no means interstate. Thus, the Moldovan-Russian dispute in Transnistria came to be presented as the "Transnistrian conflict".
{"title":"Legal analysis of the moldovan-russian agreement from July 21, 1992 on the ceasefire in the Transnistrean conflict","authors":"Alexander Kurtskhalia","doi":"10.52388/1811-0770.2022.2(248).07","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).07","url":null,"abstract":"The Moldovan-Russian ceasefire agreement of July 21, 1992 is a bilateral act, suspending hostilities and passing the interstate dispute from its active, \"hot\" phase to a latent, \"frozen\" phase. The purpose of this document was to end the military confrontations on the Dniester. The document is officially called the \"Convention on the Principles of Peaceful Settlement of the Armed Conflict in the Transnistrian Region of the Republic of Moldova\" and was signed in Moscow by Presidents Boris Yeltsin and Mircea Snegur, in the presence of the Transnistrian leaders. The agreement provided for an immediate ceasefire, the creation of a “security zone”, the establishment of peacekeeping forces from Russian, Moldovan and separatist militaries. The parties in conflict on the Dniester were the Russian Federation, as the aggressor power, and the Republic of Moldova, as the aggressor state. Gradually, the Russian Federation shifted its emphasis towards defining the conflict on the Dniester as a strictly internal one, by no means interstate. Thus, the Moldovan-Russian dispute in Transnistria came to be presented as the \"Transnistrian conflict\".","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90769322","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).13
Andrei Stratan
In this scientific approach is carried out a study of judicial practice in the matter of crimes of obtaining credit, loan or insurance compensation/indemnity by fraud. It is stated that the credit documentation cannot constitute a material object of the crimes provided in art. 238 of the Criminal Code of the Republic of Moldova. In the context of these crimes, the credit documentation represents the form of expression of the false information presented by the perpetrator to the victim. Accordingly, the false information appears as a means of committing the crime. The study of the judicial practice in the matter of the offenses provided for in art. 238 of the Criminal Code of the Republic of Moldova highlights another difficulty in interpreting the content of the rule and, consequently, of legal qualification. Specifically, we identify a problem with establishing the content of prejudicial result. According to a first guideline, the extent of prejudicial result is determined by the inclusion of unpaid credit/loan installments and related interest/penalties. However, in the vast majority of analyzed cases, it is claimed that the content of the prejudicial result is equivalent to the amount of the credit/loan obtained.
{"title":"Jurisprudential study in the matter of crimes provided for in art. 238 of the criminal code of the Republic of Moldova","authors":"Andrei Stratan","doi":"10.52388/1811-0770.2022.2(248).13","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).13","url":null,"abstract":"In this scientific approach is carried out a study of judicial practice in the matter of crimes of obtaining credit, loan or insurance compensation/indemnity by fraud. It is stated that the credit documentation cannot constitute a material object of the crimes provided in art. 238 of the Criminal Code of the Republic of Moldova. In the context of these crimes, the credit documentation represents the form of expression of the false information presented by the perpetrator to the victim. Accordingly, the false information appears as a means of committing the crime. The study of the judicial practice in the matter of the offenses provided for in art. 238 of the Criminal Code of the Republic of Moldova highlights another difficulty in interpreting the content of the rule and, consequently, of legal qualification. Specifically, we identify a problem with establishing the content of prejudicial result. According to a first guideline, the extent of prejudicial result is determined by the inclusion of unpaid credit/loan installments and related interest/penalties. However, in the vast majority of analyzed cases, it is claimed that the content of the prejudicial result is equivalent to the amount of the credit/loan obtained.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"219 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86678722","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).17
Constantin Bujor, Alexandru Marit
The scale of alcoholism in contemporary human society is alarming. Nothing spreads faster than the habit of alcohol, drug addiction and taxonomy. It is a social problem for modern society. On the one hand, alcoholics and drug addicts are always ready to commit antisocial acts, alcohol and drug use being one of the major causes of crime, and on the other hand they cause degeneration, children of alcoholics and drug addicts often become criminals. or degenerate physically and intellectually. This sinister and erroneous understanding of alcohol consumption, which has caused unfortunate criminal acts and special harm to the individual, does not yield anything in favor of understanding what alcohol actually is. and untempered habits are also detrimental to the general well-being of society as they are fatal to the happiness of the individual. In proposing remedies, the Mani British Parliament’s House of Commons Special Committee on Intoxication alluded to the causes of drunkenness which it considered to be a “deeply rooted, ancient, widespread and strongly encouraged evil of negligence, ignorance, prejudice, customs and self-interest.” selfish”. It was believed that these remedies could fall into two broad categories: legislative remedies and moral remedies, and the law was to “frame, inhibit, and punish the malicious and contagious inclinations of malicious members of society that encourage drunkenness.”
{"title":"Elements of comparative law on criminal liability for acts committed while intoxicated","authors":"Constantin Bujor, Alexandru Marit","doi":"10.52388/1811-0770.2022.2(248).17","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).17","url":null,"abstract":"The scale of alcoholism in contemporary human society is alarming. Nothing spreads faster than the habit of alcohol, drug addiction and taxonomy. It is a social problem for modern society. On the one hand, alcoholics and drug addicts are always ready to commit antisocial acts, alcohol and drug use being one of the major causes of crime, and on the other hand they cause degeneration, children of alcoholics and drug addicts often become criminals. or degenerate physically and intellectually. This sinister and erroneous understanding of alcohol consumption, which has caused unfortunate criminal acts and special harm to the individual, does not yield anything in favor of understanding what alcohol actually is. and untempered habits are also detrimental to the general well-being of society as they are fatal to the happiness of the individual. In proposing remedies, the Mani British Parliament’s House of Commons Special Committee on Intoxication alluded to the causes of drunkenness which it considered to be a “deeply rooted, ancient, widespread and strongly encouraged evil of negligence, ignorance, prejudice, customs and self-interest.” selfish”. It was believed that these remedies could fall into two broad categories: legislative remedies and moral remedies, and the law was to “frame, inhibit, and punish the malicious and contagious inclinations of malicious members of society that encourage drunkenness.”","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87493638","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).16
Vitalie Costisanu
Ensuring the rule of law and strengthening the legal order involves a wide range of social-economic, political, organizational, educational measures, as well as coercive measures in relation to people who do not want to comply with the legal order. Fight against the criminal phenomenon has always been and continues to be the central issue in the systems which deal with activities of this kind. In order to ensure the complete, objective and multilateral investigation of economic crimes from January 1, 2021, the State Tax Service was granted the competence to conduct criminal prosecution and special investigative activity for certain categories of offenses provided by the Criminal Code. The State Tax Service ensures the prosecution through specialized subdivisions in which the competent criminal investigation officers in the financial-fiscal field with special training in the legal-criminal field perform their activity in accordance with the provisions of the Law on the status of the prosecution officer and the Criminal Procedure Code under the leadership of prosecutors in the Prosecutor’s Office for Combating Organized Crime and Special Causes.
{"title":"Some aspects regarding the competence of the criminal prosecution authority of the state tax service","authors":"Vitalie Costisanu","doi":"10.52388/1811-0770.2022.2(248).16","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).16","url":null,"abstract":"Ensuring the rule of law and strengthening the legal order involves a wide range of social-economic, political, organizational, educational measures, as well as coercive measures in relation to people who do not want to comply with the legal order. Fight against the criminal phenomenon has always been and continues to be the central issue in the systems which deal with activities of this kind. In order to ensure the complete, objective and multilateral investigation of economic crimes from January 1, 2021, the State Tax Service was granted the competence to conduct criminal prosecution and special investigative activity for certain categories of offenses provided by the Criminal Code. The State Tax Service ensures the prosecution through specialized subdivisions in which the competent criminal investigation officers in the financial-fiscal field with special training in the legal-criminal field perform their activity in accordance with the provisions of the Law on the status of the prosecution officer and the Criminal Procedure Code under the leadership of prosecutors in the Prosecutor’s Office for Combating Organized Crime and Special Causes.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84882675","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).13
Victor Frumusachi
The developed countries are trying to broaden the regulatory base on migration, to control this phenomenon, despite legal regulations on border crossings, restrictions and security and safety measures. In the broader profile of Republic of Moldova’s interests in guaranteeing the rights of its citizens abroad and creating the necessary mechanisms for the more active participation of the state in migration processes as several international treaties related to migration have been ratified. The multitude of aspects regarding the national migration standards are regulated mainly by the Law no. 200 of July 16th, 2010 on the regime of foreigners in the Republic of Moldova and the Law no. 270 of December 18th, 2008 on asylum in the Republic of Moldova, obviously without excluding other related normative acts. The targeted norms legally cover the normative elements of the crime of organizing illegal migration, provided by the article 3621 of the Criminal Procedure of the Republic of Moldova, being as form.
{"title":"European standards on migration and peculiarities specific to the Republic of Moldova","authors":"Victor Frumusachi","doi":"10.52388/1811-0770.2022.1(247).13","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).13","url":null,"abstract":"The developed countries are trying to broaden the regulatory base on migration, to control this phenomenon, despite legal regulations on border crossings, restrictions and security and safety measures. In the broader profile of Republic of Moldova’s interests in guaranteeing the rights of its citizens abroad and creating the necessary mechanisms for the more active participation of the state in migration processes as several international treaties related to migration have been ratified. The multitude of aspects regarding the national migration standards are regulated mainly by the Law no. 200 of July 16th, 2010 on the regime of foreigners in the Republic of Moldova and the Law no. 270 of December 18th, 2008 on asylum in the Republic of Moldova, obviously without excluding other related normative acts. The targeted norms legally cover the normative elements of the crime of organizing illegal migration, provided by the article 3621 of the Criminal Procedure of the Republic of Moldova, being as form.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79208939","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).25
Ana Dubcoveţchi
The field of law and its legal language, permanently influence the lives of the members of the society. Legal language is thought to be complex, pompous, laborious, sinuous, archaic, and exaggerative syntax constructions. Due to its complexity, a great number of people do not fully understand important documents (their rights and obligations granted by a constitution), decisions expressed by a court or by a tribunal, the regulations embodied in a statue, or the legal terms specified in a contract. We should take into consideration a very important aspect - the translation of legal language. In this paper, we will deal with the translation of legal texts, which is not simply a matter of linguistic transference, but an attempt to communicate someone else’s message through another language. We will show how the translator has to focus on a complex network of factors, in order to perform an accurate translation, such as the context of situation, the intended use of the translation, the communicative purpose, the generic knowledge, the rhetorical context. Translators must have basic knowledge of the legal cultures and systems of the source and target languages, and they must be aware of the differences of these cultures and even of the absence of equivalent concepts.
{"title":"Translation of legal language and the problem of equivalence","authors":"Ana Dubcoveţchi","doi":"10.52388/1811-0770.2022.1(247).25","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).25","url":null,"abstract":"The field of law and its legal language, permanently influence the lives of the members of the society. Legal language is thought to be complex, pompous, laborious, sinuous, archaic, and exaggerative syntax constructions. Due to its complexity, a great number of people do not fully understand important documents (their rights and obligations granted by a constitution), decisions expressed by a court or by a tribunal, the regulations embodied in a statue, or the legal terms specified in a contract. We should take into consideration a very important aspect - the translation of legal language. In this paper, we will deal with the translation of legal texts, which is not simply a matter of linguistic transference, but an attempt to communicate someone else’s message through another language. We will show how the translator has to focus on a complex network of factors, in order to perform an accurate translation, such as the context of situation, the intended use of the translation, the communicative purpose, the generic knowledge, the rhetorical context. Translators must have basic knowledge of the legal cultures and systems of the source and target languages, and they must be aware of the differences of these cultures and even of the absence of equivalent concepts.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75206247","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).03
Vadim Enicov
The constitutional interpretation of laws is in the attention of society because of the defining character of the regulations it generates. Constitutional norms regulate social relations of major importance, and interpretation can bring about essential changes in their realization. The study aimed to elucidate some contradictory aspects of the constitutional jurisprudence in Moldova. The analysis of some decisions of the Constitutional Court allows concluding the prejudice of particular fundamental rights, such as the presumption of innocence or the right to private property. In an attempt to understand the limits of constitutional interpretation in the context of the principle of legal security, comparative and systemic methods are used for the legal argumentation of the role of the judicial forum in the construction of new legislative regulations. In the author’s opinion, the constitutional interpretation of laws does not in all cases meet the requirements of legal security. The reinterpretation of fundamental rights, such as the right to property or the presumption of innocence, can generate more legislative distortions. The constitutional interpretation of laws must be guided not by the opportunities of the moment, but by the consolidation of fundamental principles and rights.
{"title":"Controversies of some constitutional interpretations of laws","authors":"Vadim Enicov","doi":"10.52388/1811-0770.2022.2(248).03","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).03","url":null,"abstract":"The constitutional interpretation of laws is in the attention of society because of the defining character of the regulations it generates. Constitutional norms regulate social relations of major importance, and interpretation can bring about essential changes in their realization. The study aimed to elucidate some contradictory aspects of the constitutional jurisprudence in Moldova. The analysis of some decisions of the Constitutional Court allows concluding the prejudice of particular fundamental rights, such as the presumption of innocence or the right to private property. In an attempt to understand the limits of constitutional interpretation in the context of the principle of legal security, comparative and systemic methods are used for the legal argumentation of the role of the judicial forum in the construction of new legislative regulations. In the author’s opinion, the constitutional interpretation of laws does not in all cases meet the requirements of legal security. The reinterpretation of fundamental rights, such as the right to property or the presumption of innocence, can generate more legislative distortions. The constitutional interpretation of laws must be guided not by the opportunities of the moment, but by the consolidation of fundamental principles and rights.","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":"84635077","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).06
Andrian Creţu
Accurate knowledge of the scope of a field or branches of law is an indispensable condition for the evolution of any branch of the legal system. This is also the case with environmental law. Despite the various debates on the correct name of the branch concerned with the protection of environmental factors, launched in the doctrinal space since its inception, today more and more specialists in the field use the phrase “environmental law” when referring to legal relations established during protection environmental protection, development, conservation and rational use of all environmental components, including anthropogenic ones. However, there is currently some controversy regarding the certainty of the legal segment of concern for the field of environmental law, often being confused with that of ecology science, superimposed even at the level of scientific and didactic approach. For this reason, we decided to end the discussions that further complicate matters, trying to show that ecology and the environment, respectively, environmental law are distinct areas, although very close, correlated and coexisting in the legal system.
{"title":"Theoretical-conceptual aspects regarding the entitlement of the legal field concerned by the protection of environmental factors","authors":"Andrian Creţu","doi":"10.52388/1811-0770.2022.1(247).06","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).06","url":null,"abstract":"Accurate knowledge of the scope of a field or branches of law is an indispensable condition for the evolution of any branch of the legal system. This is also the case with environmental law. Despite the various debates on the correct name of the branch concerned with the protection of environmental factors, launched in the doctrinal space since its inception, today more and more specialists in the field use the phrase “environmental law” when referring to legal relations established during protection environmental protection, development, conservation and rational use of all environmental components, including anthropogenic ones. However, there is currently some controversy regarding the certainty of the legal segment of concern for the field of environmental law, often being confused with that of ecology science, superimposed even at the level of scientific and didactic approach. For this reason, we decided to end the discussions that further complicate matters, trying to show that ecology and the environment, respectively, environmental law are distinct areas, although very close, correlated and coexisting in the legal system.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"64 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88187101","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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