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INGOs and social economy: international and national legal regulation 非政府组织与社会经济:国际和国家法律规制
Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).18
Alexander Burian, Vladlena Lîsenco
The article analyzes the status and activities of international non-governmental organizations, as well as phenomenon of social economy, social entrepreneurship and models of interaction and its promotion by international intergovernmental organizations. The ideology of social entrepreneurship is widespread – entrepreneurial activity that is focused on solving social problems, using innovative methods and technologies worldwide. Despite the sufficient popularity of the idea of social economy in the world, there are no clear boundaries for the term «social entrepreneurship», which is an obstacle to the institutionalization of this phenomenon in many countries. The terms «social entrepreneurship» and «social economy» were introduced by the international intergovernmental organizations as well as by the national legal regulation. An analysis of various international and regional approaches has shown that social entrepreneurship in scientific papers is considered in a narrow and broad sense. The article analyzes different international and regional models of regulating the social entrepreneurship projects activities, providing examples from America, European and post-Soviet countries. The final conclusion is that the INGOs and IIGOs are interacting. Social enterprises can play a key role in addressing pressing social and environmental challenges and supporting inclusive growth. Moreover, they can create new employment opportunities, especially for vulnerable groups of population especially in the context of the UN Sustainable Development Goals.
文章分析了国际非政府组织的现状和活动,以及国际政府间组织的社会经济现象、社会企业家精神、互动模式和促进模式。社会企业家精神的意识形态是广泛的-企业家活动的重点是解决社会问题,在世界范围内使用创新的方法和技术。尽管社会经济的概念在世界上足够普及,但“社会企业家精神”一词没有明确的界限,这是许多国家将这一现象制度化的障碍。“社会企业家精神”和“社会经济”这两个术语是由国际政府间组织以及国家法律规定引入的。对各种国际和地区方法的分析表明,科学论文中的社会企业家精神分为狭义和广义。本文以美国、欧洲和后苏联国家为例,分析了不同国际和地区规范社会创业项目活动的模式。最后的结论是,非政府组织和政府间组织是相互作用的。社会企业可以在应对紧迫的社会和环境挑战以及支持包容性增长方面发挥关键作用。此外,它们可以创造新的就业机会,特别是对弱势群体,特别是在联合国可持续发展目标的背景下。
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引用次数: 0
Family and criminogenic factors: family desocialization and family conflict 家庭与犯罪因素:家庭反社会化与家庭冲突
Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).15
Mihai Mizdran, Florentina-Cristina Băloi
Family criminology - is a scientific direction, which in criminology in general, studies the criminogenic factors of family relationships and also the action of society on these relationships in order to prevent crime. We can say that in criminogenic research tasks, the family is understood as a group of people between whom the relations are regulated legally, also by marriage, de facto, or by family relations. The family is studied criminologically in the sense of a small social group. But not only from this point of view. Every group, including the family, brings together individuals, but there are essential differences between the relationships between them, but which still lead to the reunion between them, for different reasons: the satisfaction of living together, intergroup behavior, etc. These differences are not infrequently related to the social-intimate and social-eratic situation, with the same role in the group (father, mother-in-law, minor son). The one that presents family is also subject to research, from the position of family members who separately belong to the same family.
家庭犯罪学是犯罪学的一个科学方向,研究家庭关系的犯罪因素,以及社会对这些关系的作用,以预防犯罪。我们可以说,在犯罪学研究任务中,家庭被理解为一群人,他们之间的关系受到法律的规范,也通过婚姻、事实关系或家庭关系来规范。从犯罪学的角度来看,家庭是一个小的社会群体。但不仅仅是从这个角度来看。包括家庭在内的每一个群体都将个体聚集在一起,但个体之间的关系存在着本质上的差异,但这些差异仍然导致个体之间的团聚,原因各不相同:共同生活的满足感、群体间行为等。这些差异通常与社会亲密和社会稳定的情况有关,在群体中具有相同的角色(父亲,婆婆,未成年的儿子)。从分别属于同一家庭的家庭成员的立场来看,呈现家庭的人也需要研究。
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引用次数: 0
Disciplinary liability of employees in the work field. reflections on the legal nature 员工在工作领域的纪律责任。关于法律性质的思考
Pub Date : 2022-05-01 DOI: 10.52388/1811-0770.2021.4(246).09
Eduard Gurin
This study analyzes in detail the legal nature of the legal institution regarding the disciplinary liability of employees, highlighting the elements of the legal nature. Research into the legal nature of disciplinary liability of employees is a necessity, especially a legal one, because it provides the scientific and practical environment, results and guiding ideas on the correct application of the institution of disciplinary liability of employees in the field of work. In this context, reference was made to the doctrine of labor law in Moldova, Romania, Russia and it was concluded that only the person who is in a legal employment relationship with an employer can be subject to disciplinary misconduct. As a methodology in the elaboration of the article, it constituted the legislative and doctrinal analysis containing norms and interpretations on the institution of disciplinary liability of employees in the field of work. The role of the individual employment contract, the internal regulations of the unit and the collective labor contract, in determining the disciplinary liability of the employee and, as a result, the disciplinary sanction were also not overlooked.
本研究详细分析了法律制度对员工纪律责任的法律性质,突出了法律性质的构成要素。对员工纪律责任的法律性质进行研究是必要的,尤其是法律性质的研究,因为它为员工纪律责任制度在工作领域的正确运用提供了科学的实践环境、成果和指导思想。在这方面,有人提到摩尔多瓦、罗马尼亚和俄罗斯的劳动法原则,得出的结论是,只有与雇主有合法雇佣关系的人才会受到违纪行为的惩罚。作为阐述该条的一种方法,它构成了立法和理论分析,其中载有关于工作领域雇员纪律责任制度的规范和解释。个人劳动合同、单位内部规章制度和集体劳动合同在确定员工纪律责任以及纪律处分方面的作用也不容忽视。
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引用次数: 0
Conceptual models on combating corruption. Contemporary anti-corruption tools 打击贪污的概念模式。当代反腐败工具
Pub Date : 2022-05-01 DOI: 10.52388/1811-0770.2021.4(246).07
A. Cazacu
The first specialized anti-corruption bodies appeared long before the establishment of the Singapore and Hong Kong commissions in the 1950s and 1970s. However, there are several types of anti-corruption bodies that exist and operate in different countries. The issue of corruption gained international importance in the late 1990s and was accompanied by a growing debate on the role of specialized anti-corruption institutions. This process has been closely linked to the process of political democratization and economic liberalization in many parts of the world, including parts of Eastern Europe, Asia, Latin America and Africa. It is also linked to efforts to build the rule of law and good governance in many post-authoritarian and post-conflict environments, as economic and political transitions provide fertile ground for corruption.
早在上世纪50年代和70年代新加坡和香港成立反腐委员会之前,第一批专门的反腐机构就已经出现了。然而,有几种类型的反腐败机构存在并在不同的国家运作。腐败问题在20世纪90年代后期获得了国际重要性,并伴随着对专门反腐败机构作用的日益激烈的辩论。这一进程与世界许多地区,包括东欧、亚洲、拉丁美洲和非洲部分地区的政治民主化和经济自由化进程密切相关。它还与在许多后专制和后冲突环境中建立法治和善治的努力有关,因为经济和政治转型为腐败提供了肥沃的土壤。
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引用次数: 0
The sphere of ECtHR jurisprudence application in the activity of criminal investigation bodies of law 欧洲人权委员会法学在刑事调查法律机构活动中的适用范围
Pub Date : 2022-05-01 DOI: 10.52388/1811-0770.2021.4(246).01
Armen Oganesean
In this article, we have investigated the theoretical and practical aspects of the sphere of application of ECtHR case law and interpretations given by the ECtHR in the activity of criminal investigation bodies of law, as well determining in the national criminal process the particularities of ECtHR case law application at the criminal investigation stage. We analyzed the perspectives of using the precedents of the European Court in the criminal process with the revelation of the particularities and advantages of its applicability for the exponents of the criminal investigation bodies. The rule of law is one of the key principles of the Convention for the Protection of Human Rights and Fundamental Freedoms and implies that an interference by the authorities on a person's rights must be subject to effective control, especially if the law gives the executive broad powers. This control becomes particularly important in the context of the prosecutor's duties in the criminal investigation phase, therefore, in this article we studied the most relevant aspects of the application of ECtHR jurisprudence in the activity of procedural subjects in the criminal investigation phase.
在本文中,我们研究了欧洲人权法院判例法适用领域的理论和实践方面,以及欧洲人权法院在刑事调查法律机构活动中的解释,并在国家刑事程序中确定了欧洲人权法院判例法在刑事调查阶段适用的特殊性。分析了在刑事诉讼中运用欧洲法院判例的视角,揭示了欧洲法院判例适用于刑事侦查机关的特殊性和优势。法治是《保护人权和基本自由公约》的关键原则之一,这意味着当局对个人权利的干涉必须受到有效控制,特别是在法律赋予行政部门广泛权力的情况下。这种控制在检察官在刑事调查阶段的职责范围内变得特别重要,因此,在本文中,我们研究了在刑事调查阶段的程序主体活动中应用欧洲人权法院法学的最相关方面。
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引用次数: 0
Impact of police development strategy for the years 2016–2020. Analysis and conclusions 2016-2020年警察发展战略的影响。分析与结论
Pub Date : 2022-05-01 DOI: 10.52388/1811-0770.2021.4(246).03
Ianuş Erhan, Vadim Ardeleanu
In the last years the Police of the Republic of Moldova has gone through extensive transformation processes meant to ensure its modernization and development, so that citizens are offered quality services by ensuring an adequate climate of legality in the field of public order and security. In particular, this process was marked by the Police Development Strategy for the years 2016–2020 (PDS) and the Action Plan on its implementation. The implementation of the strategy has been carried out with the budgetary support provided by the EU, without which it would not have been possible to achieve this goal. Likewise, all the actors involved have noticed that the National Police has the ambition and has the necessary capabilities to continue the implementation of the commitments undertaken, and ensuring the sustainability of the investments made for the next period, after the completion of the external assistance, represents another challenge for the institution. The approval of a new policy document describing the further development vision is one of the additional guarantees that indicates the concern and interest of the central public authority to amplify the positive impact in this domain. The implementation of the Strategy is a qualitative leap in the development of the Police, so that today the National Police is better trained and equipped, responsible, efficient, transparent and professional.
在过去几年中,摩尔多瓦共和国警察经历了广泛的改革进程,旨在确保其现代化和发展,以便通过确保公共秩序和安全领域的适当法制气氛,向公民提供高质量的服务。特别是,这一进程的标志是《2016-2020年警察发展战略》及其实施行动计划。该战略的实施是在欧盟提供的预算支持下进行的,没有这些支持,就不可能实现这一目标。同样,所有有关的行动者都注意到,国家警察有雄心和必要的能力继续执行所作的承诺,并确保在完成外部援助后下一时期所作投资的可持续性,这是该机构面临的另一个挑战。批准一项描述进一步发展远景的新政策文件是表明中央公共当局对扩大这一领域的积极影响的关注和兴趣的额外保证之一。该战略的实施是警察发展的一个质的飞跃,使今天的国家警察得到更好的训练和装备、负责、高效、透明和专业。
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引用次数: 0
The issue of qualification of the intended killing involving a plurality of victims 故意杀人的资格问题涉及多个受害者
Pub Date : 2022-05-01 DOI: 10.52388/1811-0770.2021.4(246).04
Vadim Prisacari
In this scientific approach, rules are identified to qualify the offense of intentional killing involving several victims. Our attention is focused on the crime of killing as one of the most serious criminal acts against the person. Criteria for the offense of intentional killing are drawn up in a form that is extended by that which is simple and repeated. Similarly, the demarcation lines between the intentional killing involving several victims and the real contest between killing and killing are scored. Finally, some rules are highlighted to place the intended killing in a prolonged and repeated form. Several methods, inherent in an investigation of the nature of the one carried out, have been used in the scientific process: the logical method – in the plan of reasoning for the proposed qualification solutions; historical method - in the plan of showing the meaning of the aggravating circumstance referred to in letter o, paragraph (2) Article 145 of the Criminal Code or the republic of Moldova "by a person who previously committed an intentional killing referred to in paragraph 1"; comparative method – in the plan to demarcate the intended killing in simple form involving a plurality of victims of the prolonged form of the killing, as well as the separation of the prolonged form of the killing from the repeated form and the real contest between these facts.
在这种科学的方法中,确定了规则来限定涉及数名受害者的故意杀人罪。我们的注意力集中在作为对人最严重的犯罪行为之一的杀人罪行上。故意杀人罪的标准是以一种简单而重复的形式加以扩展的。同样,涉及多个受害者的故意杀人与真正的杀人与杀人之间的界限也被划定。最后,强调了一些规则,以延长和重复的形式放置有意的杀戮。在科学过程中使用了对所进行的性质进行调查所固有的几种方法:逻辑方法-在提出资格解决方案的推理计划中;历史方法- -在计划中说明摩尔多瓦共和国《刑法》第145条第(2)款第o字母所述加重情节的含义,“由先前犯下第1款所述故意杀人罪的人”;比较法-在计划中,对涉及多个受害者的长期杀戮的简单形式的故意杀戮进行划分,以及将长期形式的杀戮与重复形式的杀戮分开,并在这些事实之间进行真正的较量。
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引用次数: 0
The legal and economic subsystem ensuring the financial management of the enterprise 保障企业财务管理的法律经济子系统
Pub Date : 2022-05-01 DOI: 10.52388/1811-0770.2021.4(246).12
Georgeta Melnic
Considering that companies play a decisive role in the destiny of every country, evaluating their financial dimension is of particular actuality. Funding ensures the necessary volume of resources for common use in the companies and for their development in perspective. Thus, in this article, the author justifies the importance of studying the economic and legal aspects, pertaining to the financial management of the company, in particular, pertaining to the company’s financial system, which involves methods, levers, tools and procedures for the creation, collection and management of capital. This system is of particular usefulness in the organization and management of financial activity and are moved using specific, particular techniques that are employed in the processes of creation and development of financial fluxes and cycles, of capital, in establishing and the deployment of monetary surplus, in forming and covering the necessary funding of the economic agent, etc. Thus, we will showcase general theoretical approaches referring to the company’s financial system and the impact of financial management on the process of fixing and achieving the goals of contemporary companies.
考虑到企业对每个国家的命运都起着决定性的作用,对其财务维度进行评估具有特殊的现实意义。资金确保了公司共同使用所需的资源数量,并确保了公司的发展前景。因此,在本文中,作者证明了研究经济和法律方面的重要性,这些方面与公司的财务管理有关,特别是与公司的财务制度有关,这涉及到创造、收集和管理资本的方法、杠杆、工具和程序。该系统在组织和管理金融活动方面特别有用,并使用特定的技术来移动,这些技术用于金融流动性和周期的创造和发展过程,资本,建立和部署货币盈余,形成和覆盖经济主体的必要资金等。因此,我们将展示一般的理论方法,指的是公司的财务体系和财务管理对固定和实现当代公司目标的过程中的影响。
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引用次数: 0
Respect for the right to defense at the disposal of judicial expertise 尊重利用司法鉴定的辩护权
Pub Date : 2022-05-01 DOI: 10.52388/1811-0770.2021.4(246).06
Iurie Odagiu, Artiom Pilat
The observance of the right to defense at the disposal of the judicial expertise represents a positive obligation of the criminal investigation body and consists of several obligations specified in art. 142 - 153 of the Code of Criminal Procedure. In order to ensure the person's rights to a fair trial, in accordance with the provisions of art. 145 para. 1. The CPC, the criminal investigation body, the prosecutor or the court, if it orders the conduct of the forensic examination, shall inform the parties in writing of the subject matter of the forensic examination and the questions to be answered by the expert and explain to the parties that they have the right to to comment on these questions and to request their amendment or completion, as well as the right to request the appointment of an expert recommended by each of them to participate in the conduct of the forensic examination. If it does not appear from the case-file that the parties participated in the examination or had the opportunity to ask the specialist questions, which indicates that the evidence cannot be based on the conviction, if the accused party is restricted the right to defense.
在司法专门知识的支配下遵守辩护权是刑事调查机构的一项积极义务,由第2条规定的若干义务组成。刑事诉讼法第142 - 153条。为了确保个人获得公平审判的权利,按照第2条的规定。145帕。1. 中国共产党、刑事侦查机关、检察官或者法院裁定进行法医鉴定的,应当将法医鉴定的内容和需要专家回答的问题书面通知当事人,并说明当事人有权对这些问题提出意见和要求修改或者补充的权利;以及有权要求任命他们各自推荐的一名专家参与进行法医检查。如果从案卷来看,当事人没有参加审查或有机会询问专家问题,这表明证据不能以定罪为基础,如果被告一方的辩护权受到限制。
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引用次数: 0
Social services - an essential component of the european social model 社会服务——欧洲社会模式的重要组成部分
Pub Date : 2022-05-01 DOI: 10.52388/1811-0770.2021.4(246).10
Ana-Maria Săcară
Social services play an essential role within the European society. In the realized study, there have been identified the most important characteristics and standards of the social services established through the European Union legislation, which states undertake to transpose within the national social policies in order to develop and improve the national social service systems. The study has allowed us to make them an important tool for achieving the basic objectives of the European Union such as: social, economic and territorial cohesion, employment and social inclusion. Moreover, social services have a primary role in European Society, promoting and ensuring the increase of the capacity of vulnerable people to participate actively in the life of society and guaranteeing respect for the fundamental rights of European citizens proclaimed by community law.
社会服务在欧洲社会中起着至关重要的作用。在已完成的研究中,已经确定了通过欧洲联盟立法建立的社会服务的最重要特征和标准,各国承诺在国家社会政策范围内进行调整,以便发展和改进国家社会服务制度。这项研究使我们能够使它们成为实现欧洲联盟基本目标的重要工具,这些目标包括:社会、经济和领土凝聚力、就业和社会包容。此外,社会服务在欧洲社会中具有主要作用,促进和确保增加易受伤害的人积极参与社会生活的能力,并保证尊重共同体法律所宣布的欧洲公民的基本权利。
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引用次数: 0
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The National law journal
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