Pub Date : 2023-01-01DOI: 10.52388/1811-0770.2022.1(247).24
Adrian Creţu
In the process and the aspiration to assert itself as a distinct branch of the law, the contraventional procedural law seeks to demonstrate that the legal relationship it regulates is a separate one, completely different from that of the contraventional law. Therefore, this article has as its main objective of study, the justification of the specificity of the legal report which makes it possible for the procedural contraventional law to be permanently separated from the criminal procedural law, branches of the law which differ according to a number of characteristics. Not with standing the fact that the procedure for examining contraventions is required to be more simplified, taking into account the low seriousness of the offense, however, in a country where the abuse of office is at home and established officers see every citizen as an offender or possibly a criminal, legislative measures that would closely monitor their actions cannot be effective without imposing an infringement procedure under separate rules. Some circumstances specific to the geographical area in which we live, the wrong perception on behalf of public officials on the procedure for documenting contraventions, the traditions and the specificity of the post-socialist society, require that a distinct branch of law to be regulated - an procedual contraventional law. The description of the legal report around which this branch of law operates is the subject of this work.
{"title":"Legal report of procedural contraventional law","authors":"Adrian Creţu","doi":"10.52388/1811-0770.2022.1(247).24","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).24","url":null,"abstract":"In the process and the aspiration to assert itself as a distinct branch of the law, the contraventional procedural law seeks to demonstrate that the legal relationship it regulates is a separate one, completely different from that of the contraventional law. Therefore, this article has as its main objective of study, the justification of the specificity of the legal report which makes it possible for the procedural contraventional law to be permanently separated from the criminal procedural law, branches of the law which differ according to a number of characteristics. Not with standing the fact that the procedure for examining contraventions is required to be more simplified, taking into account the low seriousness of the offense, however, in a country where the abuse of office is at home and established officers see every citizen as an offender or possibly a criminal, legislative measures that would closely monitor their actions cannot be effective without imposing an infringement procedure under separate rules. Some circumstances specific to the geographical area in which we live, the wrong perception on behalf of public officials on the procedure for documenting contraventions, the traditions and the specificity of the post-socialist society, require that a distinct branch of law to be regulated - an procedual contraventional law. The description of the legal report around which this branch of law operates is the subject of this work.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"80 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84010739","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).08
Florin Proca
People’s education and intellectual development have also had a significant impact on life expectancy, which has increased significantly in recent centuries. Thus, through science, through the education of people, more and more methods of healing the body were accessed and medicine took huge steps, reaching operations that recently were unimaginable - such as organ transplantation, treatment of diseases considered incurable, restoring lost or non-existent senses at birth, etc. For a long time, the inmates did not have access to training programs or school courses. Once behind bars, the individuals received the label of detainees and implicitly no longer showed great interest in society. They were used, most of the time - by physical and mental constraints, only for physical work, and the investment in their education was not taken into account, being classified as a waste of money, time and effort. In recent decades this perception has changed, and things have begun to evolve in this area, society paying more and more attention to those who have made mistakes, committed crimes and ended up losing one of the most precious things - freedom.
{"title":"Access to education from detention. The experience of european states","authors":"Florin Proca","doi":"10.52388/1811-0770.2022.1(247).08","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).08","url":null,"abstract":"People’s education and intellectual development have also had a significant impact on life expectancy, which has increased significantly in recent centuries. Thus, through science, through the education of people, more and more methods of healing the body were accessed and medicine took huge steps, reaching operations that recently were unimaginable - such as organ transplantation, treatment of diseases considered incurable, restoring lost or non-existent senses at birth, etc. For a long time, the inmates did not have access to training programs or school courses. Once behind bars, the individuals received the label of detainees and implicitly no longer showed great interest in society. They were used, most of the time - by physical and mental constraints, only for physical work, and the investment in their education was not taken into account, being classified as a waste of money, time and effort. In recent decades this perception has changed, and things have begun to evolve in this area, society paying more and more attention to those who have made mistakes, committed crimes and ended up losing one of the most precious things - freedom.","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":"86471878","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).01
Valentin Margineanu, R. Ciobanu
Lately, the need to re-evaluate the axiological dimension of law and to reconsider the idea of the rule of law and democratic values has been increasingly emphasized, not only in the conditions of states with young democracies such as the Republic of Moldova. The radical transformations that post-Soviet states entered towards the end of the 20th century made them aspire to the establishment of societies in which the principles of the rule of law are not only enshrined in normative acts, but are also practiced. Thus, given the diversity of challenges facing contemporary states, the processes and crises that increasingly challenge democracy and the rule of law, we consider it appropriate to return to philosophical and legal thinking and to the determination of its valences in building the contemporary rule of law, highlighting its particular, specific and original character, which determines its place in the universal philosophical-legal thinking.
{"title":"The highlights of the interwar legal thinking in the construction of the contemporary rule of law state","authors":"Valentin Margineanu, R. Ciobanu","doi":"10.52388/1811-0770.2022.1(247).01","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).01","url":null,"abstract":"Lately, the need to re-evaluate the axiological dimension of law and to reconsider the idea of the rule of law and democratic values has been increasingly emphasized, not only in the conditions of states with young democracies such as the Republic of Moldova. The radical transformations that post-Soviet states entered towards the end of the 20th century made them aspire to the establishment of societies in which the principles of the rule of law are not only enshrined in normative acts, but are also practiced. Thus, given the diversity of challenges facing contemporary states, the processes and crises that increasingly challenge democracy and the rule of law, we consider it appropriate to return to philosophical and legal thinking and to the determination of its valences in building the contemporary rule of law, highlighting its particular, specific and original character, which determines its place in the universal philosophical-legal thinking.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"140 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86254661","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).05
Alexandru Marit, Roman Eremciuc
Error is the wrong idea we have about a thing, or more precisely the belief in the existence of a quality or a fact, relative to a legal fact, quality or fact that does not exist in reality. Error in criminal law has the comprehensive meaning of mistake and ignorance. So, the mistake or unintentional commission of a crime is always the result of ignorance, either in fact or in law. Error should not be confused with ignorance: the first is the wrong knowledge relative to a deed, while ignorance is the lack of knowledge. But in criminal law they are confused, because the error comes from ignorance. In criminal law, factual error constitutes an excuse. Likewise, in barbarian law it was considered an excuse, and in canon law and the law of the Middle Ages, the factual error constituted an excuse only when it did not come from obvious negligence.
{"title":"Historical references and general notions regarding judicial error","authors":"Alexandru Marit, Roman Eremciuc","doi":"10.52388/1811-0770.2022.2(248).05","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).05","url":null,"abstract":"Error is the wrong idea we have about a thing, or more precisely the belief in the existence of a quality or a fact, relative to a legal fact, quality or fact that does not exist in reality. Error in criminal law has the comprehensive meaning of mistake and ignorance. So, the mistake or unintentional commission of a crime is always the result of ignorance, either in fact or in law. Error should not be confused with ignorance: the first is the wrong knowledge relative to a deed, while ignorance is the lack of knowledge. But in criminal law they are confused, because the error comes from ignorance. In criminal law, factual error constitutes an excuse. Likewise, in barbarian law it was considered an excuse, and in canon law and the law of the Middle Ages, the factual error constituted an excuse only when it did not come from obvious negligence.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"282 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90790610","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).07
Ianuş Erhan
The police is the first line of defense of human rights and the policemen are the guardians of the law, including human rights regulations. Everyone wants a well-trained, responsible, transparent and professional police force, but this can be achieved primarily through those transformations and investments in organizational and functional capacities and capabilities related to respect for and protection of human rights. Having an efficient and professional system of activity where the protection of human rights is the basic principle, together with those institutional reforms that take place within the police, it can contribute to its transformation into a modern institution with professional employees. Today the police such as establish several mechanisms regarding the respect and protection of human rights: implementation of international provisions and standards, elaboration and application of codes of ethics and deontology, determination of responsibilities, development of a police culture relevant to existing social realities, professional training and implementation of standard operating procedures.
{"title":"Protection of human rights and freedoms by the police","authors":"Ianuş Erhan","doi":"10.52388/1811-0770.2022.1(247).07","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).07","url":null,"abstract":"The police is the first line of defense of human rights and the policemen are the guardians of the law, including human rights regulations. Everyone wants a well-trained, responsible, transparent and professional police force, but this can be achieved primarily through those transformations and investments in organizational and functional capacities and capabilities related to respect for and protection of human rights. Having an efficient and professional system of activity where the protection of human rights is the basic principle, together with those institutional reforms that take place within the police, it can contribute to its transformation into a modern institution with professional employees. Today the police such as establish several mechanisms regarding the respect and protection of human rights: implementation of international provisions and standards, elaboration and application of codes of ethics and deontology, determination of responsibilities, development of a police culture relevant to existing social realities, professional training and implementation of standard operating procedures.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82548117","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).11
Stefan Belecciu, Igor Sevcenco
The study of the problem of defending the rights harmed by the authorities is an important one, but also current, because, in order to solve it, it is necessary to know the actions of people in such situations and to appreciate the efficiency of the administrative litigation mechanism. Such an assessment is possible only as a result of the analysis of concrete cases of injury to human rights by the authorities and of the ways in which such disputes are settled by the competent courts. In the first part of the present study, we tried to analyze deeply and in detail the administrative activity of the Y authority carried out in relation to the X citizen (as the protagonists of the case under study), highlighting quite clearly the coordinates of the illegality admitted by it. This article discusses the analysis of a real case examined in the administrative court, based on which we intend to highlight the administrative activities of the public authority as the subject of the case and how a public authority can harm (people) rights recognized by law.
{"title":"The defense in administrative litigation of the rights damaged by the authorities (case study). Part II","authors":"Stefan Belecciu, Igor Sevcenco","doi":"10.52388/1811-0770.2022.2(248).11","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).11","url":null,"abstract":"The study of the problem of defending the rights harmed by the authorities is an important one, but also current, because, in order to solve it, it is necessary to know the actions of people in such situations and to appreciate the efficiency of the administrative litigation mechanism. Such an assessment is possible only as a result of the analysis of concrete cases of injury to human rights by the authorities and of the ways in which such disputes are settled by the competent courts. In the first part of the present study, we tried to analyze deeply and in detail the administrative activity of the Y authority carried out in relation to the X citizen (as the protagonists of the case under study), highlighting quite clearly the coordinates of the illegality admitted by it. This article discusses the analysis of a real case examined in the administrative court, based on which we intend to highlight the administrative activities of the public authority as the subject of the case and how a public authority can harm (people) rights recognized by law.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"60 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76596385","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).14
Irina Pavel-Guzun
It is noted that the diversification of criminal proceedings according to the person accused or the act committed is a natural contemporary approach. Reality is leading to the emergence of new summary proceedings whose task is to help speed up the process, guaranteeing the rights of the individual. The article below analyses the procedure for the prosecution and trial of flagrante delicto offences. In this context, an attempt has been made to ascertain the nature of this procedure, its level of applicability in our system and any obstacles to its application. In this article, the following were examined: the purpose of the procedure for the prosecution of flagrante delicto offences; historical background; elements of comparative law; forms of flagrante delicto; application of procedural measures of constraint; the report of the flagrante delicto; the actual procedure for the prosecution and trial of flagrante delicto offences; results of the empirical study on the applicability of the procedure for the prosecution and trial of flagrante delicto offences - an empirical study was carried out on a sample of 40 persons among justice actors (judges, prosecutors, lawyers) on the applicability of the procedure for the prosecution and trial of flagrante delicto offences in the national system.
{"title":"Considerations regarding the application of procedure in criminal investigation and trial of flagrant crimes","authors":"Irina Pavel-Guzun","doi":"10.52388/1811-0770.2022.2(248).14","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).14","url":null,"abstract":"It is noted that the diversification of criminal proceedings according to the person accused or the act committed is a natural contemporary approach. Reality is leading to the emergence of new summary proceedings whose task is to help speed up the process, guaranteeing the rights of the individual. The article below analyses the procedure for the prosecution and trial of flagrante delicto offences. In this context, an attempt has been made to ascertain the nature of this procedure, its level of applicability in our system and any obstacles to its application. In this article, the following were examined: the purpose of the procedure for the prosecution of flagrante delicto offences; historical background; elements of comparative law; forms of flagrante delicto; application of procedural measures of constraint; the report of the flagrante delicto; the actual procedure for the prosecution and trial of flagrante delicto offences; results of the empirical study on the applicability of the procedure for the prosecution and trial of flagrante delicto offences - an empirical study was carried out on a sample of 40 persons among justice actors (judges, prosecutors, lawyers) on the applicability of the procedure for the prosecution and trial of flagrante delicto offences in the national system.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"233 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87593227","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).04
Anatolii Babaianu
Autonomy is the right of a state, a region, a minority or a nationality to self-administer, to make decisions, in the framework of a state controlled by a central power, without the intervention of the central government, and the public administration aims to achieve the general interest of society. Namely starting from this, for the realization of this local governance, the communities form (choose) some institutions, authorities, abilities with the right to investigate and represent their interests. Local autonomy is a principle and a way of organizing local administration, it cannot be implemented without restructuring the entire public administration system. The distinct particularity of the process of reforming the local public administration in the Republic of Moldova is determined by the dissonance between the material and financial possibilities of the local authorities and the attributions given to them by these regulations. In conclusion, we would like to mention that local autonomy is one of the constitutional foundations of the states and its source of existence is not the state will, but the constitutional will of the people, which is materialized in the fundamental constitutional principle regarding local autonomy.
{"title":"Constitutional guarantees of local autonomy in the Republic of Moldova","authors":"Anatolii Babaianu","doi":"10.52388/1811-0770.2022.2(248).04","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).04","url":null,"abstract":"Autonomy is the right of a state, a region, a minority or a nationality to self-administer, to make decisions, in the framework of a state controlled by a central power, without the intervention of the central government, and the public administration aims to achieve the general interest of society. Namely starting from this, for the realization of this local governance, the communities form (choose) some institutions, authorities, abilities with the right to investigate and represent their interests. Local autonomy is a principle and a way of organizing local administration, it cannot be implemented without restructuring the entire public administration system. The distinct particularity of the process of reforming the local public administration in the Republic of Moldova is determined by the dissonance between the material and financial possibilities of the local authorities and the attributions given to them by these regulations. In conclusion, we would like to mention that local autonomy is one of the constitutional foundations of the states and its source of existence is not the state will, but the constitutional will of the people, which is materialized in the fundamental constitutional principle regarding local autonomy.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"458 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83019790","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).21
Ianuş Erhan
The police is the public authority that implements state policies in the areas of competence entrusted to it, provides state security services, having the primary mission of protecting people, respecting their rights and freedoms, enforcing the law, controlling and preventing crime, maintaining and ensuring public order. The activity of the police in a state governed by the rule of law, based on the rule of law, is extremely important. The police in the Republic of Moldova respects the model of organization and functioning valid for most police structures in the world. Respectively, it has approximately the same competencies, it is governed by the same principles and operating rules applicable in a state governed by the rule of law with a democratic regime. Because the police represent the state in the most visible way, trust in the police is equivalent to trust in the state. The police, which is inefficient, illegitimate or unjust in protecting the public against crime and ensuring public order, will lose the trust of the latter. On the other hand, the police will increase the legitimacy of the state if it demonstrates in its daily activity sensitivity to the needs and expectations of the society and uses the authority of the state in the interest of the citizens.
{"title":"The essence of the police in terms of public order and security competencies","authors":"Ianuş Erhan","doi":"10.52388/1811-0770.2022.1(247).21","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).21","url":null,"abstract":"The police is the public authority that implements state policies in the areas of competence entrusted to it, provides state security services, having the primary mission of protecting people, respecting their rights and freedoms, enforcing the law, controlling and preventing crime, maintaining and ensuring public order. The activity of the police in a state governed by the rule of law, based on the rule of law, is extremely important. The police in the Republic of Moldova respects the model of organization and functioning valid for most police structures in the world. Respectively, it has approximately the same competencies, it is governed by the same principles and operating rules applicable in a state governed by the rule of law with a democratic regime. Because the police represent the state in the most visible way, trust in the police is equivalent to trust in the state. The police, which is inefficient, illegitimate or unjust in protecting the public against crime and ensuring public order, will lose the trust of the latter. On the other hand, the police will increase the legitimacy of the state if it demonstrates in its daily activity sensitivity to the needs and expectations of the society and uses the authority of the state in the interest of the citizens.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82579727","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).08
Victor Frumusachi
This scientific article aims to analyze the elements that shape the notion of migration, its normative and practical manifestations, highlighting also certain quantitative (statistical) elements. The author has set the following objectives: identifying the defining features of the crime of organizing illegal migration, through the very perspective of the notion of illegal migration; configuring and analyzing the types of migration; evaluating the forms of manifestation of illegal migration. The effective fight against the phenomenon of illegal migration, in the opinion of the author, is related not only to the necessity and importance of collaborative measures in the intervention of the authorities involved in the fight against this socially dangerous phenomenon, but also to the development and adoption of regulations that ensure the appropriate criminal liability of persons who have committed harmful acts related to the illegal trafficking of migrants. According to the author, all the latter must be strictly within the limits of an effective legal framework in international, regional and national aspects.
{"title":"The phenomenon of illegal migration: concept and forms of manifestation","authors":"Victor Frumusachi","doi":"10.52388/1811-0770.2022.2(248).08","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).08","url":null,"abstract":"This scientific article aims to analyze the elements that shape the notion of migration, its normative and practical manifestations, highlighting also certain quantitative (statistical) elements. The author has set the following objectives: identifying the defining features of the crime of organizing illegal migration, through the very perspective of the notion of illegal migration; configuring and analyzing the types of migration; evaluating the forms of manifestation of illegal migration. The effective fight against the phenomenon of illegal migration, in the opinion of the author, is related not only to the necessity and importance of collaborative measures in the intervention of the authorities involved in the fight against this socially dangerous phenomenon, but also to the development and adoption of regulations that ensure the appropriate criminal liability of persons who have committed harmful acts related to the illegal trafficking of migrants. According to the author, all the latter must be strictly within the limits of an effective legal framework in international, regional and national aspects.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"70 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85026363","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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