Pub Date : 2022-05-01DOI: 10.52388/1811-0770.2021.4(246).02
L. Turcan
The institution of the Head of State is a research object both for the science of constitutional law and for the science of administrative law. The Article is dedicated to the comparative examination of the role and place of the Head of State in the system of public authorities of the Republic of Moldova and Romania. The constitutional provisions determining the functions and duties of the President of the Republic of Moldova and the President of Romania, the views expressed in the doctrine, as well as the constitutional case-law in this area are analyzed. The comparative analysis allows us to highlight the common features, but also the differences in the legal status of the President in these States. In the opinion of the author, at the level of the Head of State or the Government, any political task leads to an administrative subsidiary and any administrative task has a political sublayer, that a distinction between "political" and "administrative" appears to be risky and uncommanding. In conclusion, the author argues the idea of the need to redefine the role and place of the President of the Republic of Moldova in the system of public authorities, by rethinking the constitutional framework with a view to establishing a semi-presidential regime along the lines of Romania or France.
{"title":"The place and role of the President of the Republic of Moldova and the President of Romania in the system of public authorities. Comparative study","authors":"L. Turcan","doi":"10.52388/1811-0770.2021.4(246).02","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.4(246).02","url":null,"abstract":"The institution of the Head of State is a research object both for the science of constitutional law and for the science of administrative law. The Article is dedicated to the comparative examination of the role and place of the Head of State in the system of public authorities of the Republic of Moldova and Romania. The constitutional provisions determining the functions and duties of the President of the Republic of Moldova and the President of Romania, the views expressed in the doctrine, as well as the constitutional case-law in this area are analyzed. The comparative analysis allows us to highlight the common features, but also the differences in the legal status of the President in these States. In the opinion of the author, at the level of the Head of State or the Government, any political task leads to an administrative subsidiary and any administrative task has a political sublayer, that a distinction between \"political\" and \"administrative\" appears to be risky and uncommanding. In conclusion, the author argues the idea of the need to redefine the role and place of the President of the Republic of Moldova in the system of public authorities, by rethinking the constitutional framework with a view to establishing a semi-presidential regime along the lines of Romania or France.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84234720","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 : 2022-05-01DOI: 10.52388/1811-0770.2021.4(246).11
Grigore Ardelean
In the last period of time, especially with the development of the real estate field, the rental of housing has experienced an unprecedented evolution, both nationally and globally, as evidenced by the accelerated growth of the categories of services in question. Consequently, there is also an increase in the state’s interest in taxing those sources of income, acquired by both individuals and legal entities. We deduct this reality from the fact of emphasizing the requirements for declaring leases to the state tax body in order to tax the income obtained from that activity, given that, for many citizens of the Republic of Moldova, the provision of rental services become a profitable occupation. Currently, the modernization of the Civil Code of the Republic of Moldova brings with it some clarifications in terms of location, which has contributed significantly to improving the legal framework in the field, similar to the European one, quite necessary in an integrationist context. In particular, the study carried out in the content of this paper may incite long and complex debates on the part of domestic and foreign doctrine, given that we find different regulations in the legislation of other states, some much more complex, others quite incomplete, but at the same time, full of essence and topicality. Obviously, the research of the subject does not stop here, intending to develop it in other works, from the category of didactic, monographic, scientific articles in journals that would ensure the continuity of research and identification of new solutions in the event of further challenges in delimiting the lease other similar reports
{"title":"The difference of the lease agreement from other similar contractual relationships","authors":"Grigore Ardelean","doi":"10.52388/1811-0770.2021.4(246).11","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.4(246).11","url":null,"abstract":"In the last period of time, especially with the development of the real estate field, the rental of housing has experienced an unprecedented evolution, both nationally and globally, as evidenced by the accelerated growth of the categories of services in question. Consequently, there is also an increase in the state’s interest in taxing those sources of income, acquired by both individuals and legal entities. We deduct this reality from the fact of emphasizing the requirements for declaring leases to the state tax body in order to tax the income obtained from that activity, given that, for many citizens of the Republic of Moldova, the provision of rental services become a profitable occupation. Currently, the modernization of the Civil Code of the Republic of Moldova brings with it some clarifications in terms of location, which has contributed significantly to improving the legal framework in the field, similar to the European one, quite necessary in an integrationist context. In particular, the study carried out in the content of this paper may incite long and complex debates on the part of domestic and foreign doctrine, given that we find different regulations in the legislation of other states, some much more complex, others quite incomplete, but at the same time, full of essence and topicality. Obviously, the research of the subject does not stop here, intending to develop it in other works, from the category of didactic, monographic, scientific articles in journals that would ensure the continuity of research and identification of new solutions in the event of further challenges in delimiting the lease other similar reports","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78292069","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 : 2022-05-01DOI: 10.52388/1811-0770.2021.4(246).08
Alina Gaja
The settlement agreement is an instrument of substantive law, with important intercalations in procedural law, with the aim of amicably preventing a potential dispute or terminating an existing dispute. In order to qualify a civil contract as a settlement agreement, the legislation in force and the doctrine provide certain preconditions and mandatory elements that such an instrument must present. Thus, the purpose of this article is to reveal the binding elements that represent the content of a settlement agreement. In order to elaborate an extensive study, only one of these elements shall be examined, namely the reciprocal concessions made by the parties in order to solve the dispute between them. Mutual concessions belong to the essence of the settlement agreement, as it shows that by solving the conflict amicably, both sides win, as they save time, resources and choose the actual way in which they settle the conflict. In this article we will analyze the concept of reciprocal concessions, the difference between reciprocal concessions and other legal institutions, such as recognition of the action or dismissing the case. Also, we will provide examples of concessions by analyzing the jurisprudence in this regard.
{"title":"Reciprocal concessions – compulsory element of a settlement agreement","authors":"Alina Gaja","doi":"10.52388/1811-0770.2021.4(246).08","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.4(246).08","url":null,"abstract":"The settlement agreement is an instrument of substantive law, with important intercalations in procedural law, with the aim of amicably preventing a potential dispute or terminating an existing dispute. In order to qualify a civil contract as a settlement agreement, the legislation in force and the doctrine provide certain preconditions and mandatory elements that such an instrument must present. Thus, the purpose of this article is to reveal the binding elements that represent the content of a settlement agreement. In order to elaborate an extensive study, only one of these elements shall be examined, namely the reciprocal concessions made by the parties in order to solve the dispute between them. Mutual concessions belong to the essence of the settlement agreement, as it shows that by solving the conflict amicably, both sides win, as they save time, resources and choose the actual way in which they settle the conflict. In this article we will analyze the concept of reciprocal concessions, the difference between reciprocal concessions and other legal institutions, such as recognition of the action or dismissing the case. Also, we will provide examples of concessions by analyzing the jurisprudence in this regard.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89034159","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 : 2022-02-01DOI: 10.52388/1811-0770.2021.3(245).09
Victor Frumusachi
This article is an analysis of the system and content of international migration regulations, in terms of the evolutionary element and the significance of international standards in this regard. Illegal migration is one of the international criminal phenomena that has characterized societies of all times. At the current stage, however, this phenomenon has taken on a very large scale. Migration processes are taking place simultaneously and are growing in many countries around the world. However, effective management and proper regulation of migration can play an important role in the development of societies and the reduction of human poverty. In this repsect, the regulation of the migration phenomenon imposes on the situation the adoption and implementation of related international and national standards. In fact, international standards have formed and continue to form the basis for the prevention and detection of the crime of organizing illegal migration, provided by art. 3621CP the RM, the character of which concerns transnational elements of this phenomenon.
{"title":"Analysis of international regulations regarding migration","authors":"Victor Frumusachi","doi":"10.52388/1811-0770.2021.3(245).09","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).09","url":null,"abstract":"This article is an analysis of the system and content of international migration regulations, in terms of the evolutionary element and the significance of international standards in this regard. Illegal migration is one of the international criminal phenomena that has characterized societies of all times. At the current stage, however, this phenomenon has taken on a very large scale. Migration processes are taking place simultaneously and are growing in many countries around the world. However, effective management and proper regulation of migration can play an important role in the development of societies and the reduction of human poverty. In this repsect, the regulation of the migration phenomenon imposes on the situation the adoption and implementation of related international and national standards. In fact, international standards have formed and continue to form the basis for the prevention and detection of the crime of organizing illegal migration, provided by art. 3621CP the RM, the character of which concerns transnational elements of this phenomenon.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80878987","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 : 2022-02-01DOI: 10.52388/1811-0770.2021.3(245).10
Ion Cojocari
Organized crime is a complex phenomenon. The key elements of the content of this phenomenon are addressed differently in the doctrine and regulatory acts of the Member States of the United Nations. The fight against organized crime is one of the most important issues for the entire world communityat the moment. This concern stems from the global spread of this phenomenon. This article defines the concepts of organized criminal group and criminal organization. Particular attention is paid to the term “criminal association”. In the article, the aggravation is related to the international standards on the fight against organized crime. A comparative legal-criminal analysis of the European Union Standards in the fight against organized crime is carried out. According to the Association Agreement concluded between the Republic of Moldova and the European Union, our country undertakes: “to prevent and combat all forms of organized crime, trafficking in human beings and corruption, as well as to intensify its cooperation in the fight against terrorism.” Ensuring the protection of an “organized criminal group” or “criminal organization” is a positive obligation of the state, which must pursue the legal purpose set out in the European Convention on Human Rights.
{"title":"Organized crime: criminal liability for the crime of organizing illegal migration","authors":"Ion Cojocari","doi":"10.52388/1811-0770.2021.3(245).10","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).10","url":null,"abstract":"Organized crime is a complex phenomenon. The key elements of the content of this phenomenon are addressed differently in the doctrine and regulatory acts of the Member States of the United Nations. The fight against organized crime is one of the most important issues for the entire world communityat the moment. This concern stems from the global spread of this phenomenon. This article defines the concepts of organized criminal group and criminal organization. Particular attention is paid to the term “criminal association”. In the article, the aggravation is related to the international standards on the fight against organized crime. A comparative legal-criminal analysis of the European Union Standards in the fight against organized crime is carried out. According to the Association Agreement concluded between the Republic of Moldova and the European Union, our country undertakes: “to prevent and combat all forms of organized crime, trafficking in human beings and corruption, as well as to intensify its cooperation in the fight against terrorism.” Ensuring the protection of an “organized criminal group” or “criminal organization” is a positive obligation of the state, which must pursue the legal purpose set out in the European Convention on Human Rights.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88882957","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 : 2022-02-01DOI: 10.52388/1811-0770.2021.3(245).12
Silvia Stici
This article addresses the issue of the institution of the consumer of energy resources in the legislation and judicial practice of the Republic of Moldova and the European Union. The approach of the consumer institution in the energy field in the Republic of Moldova must be done through the prism of several factors, including the concept of consumer, history, rights and obligations of consumers. The presentation of the matter was carried out both in the light of the legislation of the Republic of Moldova and the norms of the European Union. According to the author, the Romanian legislation, which is harmonized with Directive 2009/72 / EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in electricity and repealing Directive 2003/54 / EC, is also of interest, respectively Directive 2009/73 / EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in natural gas and repealing Directive 2003/55 / EC. In order to improve the consumer status of energy resources, it is necessary to review the primary legal framework on consumer protection, including the rules on their status, rights and obligations. Particular attention has been paid to the legal relationships governing the status of the consumer of energy resources, including the submission of legislative proposals to improve this status.
{"title":"Energy resources consumer institution: the judicial practice of the Republic of Moldova and the European Union","authors":"Silvia Stici","doi":"10.52388/1811-0770.2021.3(245).12","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).12","url":null,"abstract":"This article addresses the issue of the institution of the consumer of energy resources in the legislation and judicial practice of the Republic of Moldova and the European Union. The approach of the consumer institution in the energy field in the Republic of Moldova must be done through the prism of several factors, including the concept of consumer, history, rights and obligations of consumers. The presentation of the matter was carried out both in the light of the legislation of the Republic of Moldova and the norms of the European Union. According to the author, the Romanian legislation, which is harmonized with Directive 2009/72 / EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in electricity and repealing Directive 2003/54 / EC, is also of interest, respectively Directive 2009/73 / EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in natural gas and repealing Directive 2003/55 / EC. In order to improve the consumer status of energy resources, it is necessary to review the primary legal framework on consumer protection, including the rules on their status, rights and obligations. Particular attention has been paid to the legal relationships governing the status of the consumer of energy resources, including the submission of legislative proposals to improve this status.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"92 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90464088","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 : 2022-02-01DOI: 10.52388/1811-0770.2021.3(245).06
Iurie Mihalache, Constantin Mihalescu
The digitalization of the public system and, implicitly, of the justice system have been accelerated by the appearance of the Covid-19 virus. Legal professionals: judges, prosecutors, lawyers, legal advisers, bailiffs, mediators, etc., took full advantage of this facility offered by the digitalization tool. According to the agreement on the text of the Council’s conclusions draft regarding “Access to justice - capitalizing on the opportunities offered by digitalization” considering the reunion on 7th October 2020, the use of artificial intelligence tools should not affect the decision-making power of judges, nor the judicial independence. A legal decision must always be carried out by a human being and cannot be delegated to an artificial intelligence instrument”. We consider, thus, that the person who interprets a text of law must have a balanced approach, so as not to exceed the limits, and the law must be interpreted both in the letter and in its spirit. In order to be able to interpret the law in its spirit, that person must possess a true civic education integrating a multitude of disciplines. The evolution of current education tends to rather create individuals lacking a real civic education, fact which would lead, implicitly, to the training of individuals unable to pay due attention to the spirit of a legal act. Disadvantaged in this regard will be lawyers and mediators, in general, as they have to deal with situations involving a high dose of subjectivism.
{"title":"The impact of digital technologies on the activities of law professionals and authorized mediators","authors":"Iurie Mihalache, Constantin Mihalescu","doi":"10.52388/1811-0770.2021.3(245).06","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).06","url":null,"abstract":"The digitalization of the public system and, implicitly, of the justice system have been accelerated by the appearance of the Covid-19 virus. Legal professionals: judges, prosecutors, lawyers, legal advisers, bailiffs, mediators, etc., took full advantage of this facility offered by the digitalization tool. According to the agreement on the text of the Council’s conclusions draft regarding “Access to justice - capitalizing on the opportunities offered by digitalization” considering the reunion on 7th October 2020, the use of artificial intelligence tools should not affect the decision-making power of judges, nor the judicial independence. A legal decision must always be carried out by a human being and cannot be delegated to an artificial intelligence instrument”. We consider, thus, that the person who interprets a text of law must have a balanced approach, so as not to exceed the limits, and the law must be interpreted both in the letter and in its spirit. In order to be able to interpret the law in its spirit, that person must possess a true civic education integrating a multitude of disciplines. The evolution of current education tends to rather create individuals lacking a real civic education, fact which would lead, implicitly, to the training of individuals unable to pay due attention to the spirit of a legal act. Disadvantaged in this regard will be lawyers and mediators, in general, as they have to deal with situations involving a high dose of subjectivism.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73166818","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 : 2022-02-01DOI: 10.52388/1811-0770.2021.3(245).01
L. Turcan
The administrative code of the Republic of Moldova was approved by the Parliament on July 19, 2018 (entered into force on April 1, 2019). One year later, on July 3, 2019, by the Government Emergency Ordinance, no. 57/2019, the Administrative Code of Romania was approved, which entered into force on the date of publication in the Official Gazette of Romania. However, the Administrative Codes of Romania and the Republic of Moldova, although with identical titles, have a different content or object of regulation and are different in their structure. The opinions on administrative codification set out in the Romanian and Moldovan literature are examined in this article. In particular, the issue of the content (object of regulation) of the Administrative Code and the Code of Administrative Procedure is investigated. The article also addresses issues such as the issue of Code priority, the issue of distinguishing between substantial administrative law and the law of administrative procedure. In the author’s opinion, in the administrative field, the object and perimeter of a code can be established starting from the determination of the difference between the material / substantial administrative law and the law of the administrative procedure
{"title":"What should an administrative code and an administrative procedure code contain?","authors":"L. Turcan","doi":"10.52388/1811-0770.2021.3(245).01","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).01","url":null,"abstract":"The administrative code of the Republic of Moldova was approved by the Parliament on July 19, 2018 (entered into force on April 1, 2019). One year later, on July 3, 2019, by the Government Emergency Ordinance, no. 57/2019, the Administrative Code of Romania was approved, which entered into force on the date of publication in the Official Gazette of Romania. However, the Administrative Codes of Romania and the Republic of Moldova, although with identical titles, have a different content or object of regulation and are different in their structure. The opinions on administrative codification set out in the Romanian and Moldovan literature are examined in this article. In particular, the issue of the content (object of regulation) of the Administrative Code and the Code of Administrative Procedure is investigated. The article also addresses issues such as the issue of Code priority, the issue of distinguishing between substantial administrative law and the law of administrative procedure. In the author’s opinion, in the administrative field, the object and perimeter of a code can be established starting from the determination of the difference between the material / substantial administrative law and the law of the administrative procedure","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"96 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74214447","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 : 2022-02-01DOI: 10.52388/1811-0770.2021.3(245).08
Mihail Cebotari
The present research is conducted in a field that is at the crossroads of the disciplines of labor law, migration, and administrative law. The article will reflect some of the aspects of labor migration policies and policy documents with which the author interacts in his current activity, but especially as a result of the ex-post evaluation of the Migration and Asylum Strategy (2011 - 2020) as a National Consultant for the International Organization for Migration. As we will argue, the impact and role of policies and policy documents in the field of labor migration is little researched both nationally and internationally, however as we will mention in this article the role of the policy framework is significant for the field of labor migration. Also regarding the issue of protection of migrants’ rights, policy documents intervene in detail on aspects that are not regulated or are insufficiently covered by the current legal framework.
{"title":"Legislative issues regarding public policy documents in the management of labor migration. The case of the Republic of Moldova","authors":"Mihail Cebotari","doi":"10.52388/1811-0770.2021.3(245).08","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).08","url":null,"abstract":"The present research is conducted in a field that is at the crossroads of the disciplines of labor law, migration, and administrative law. The article will reflect some of the aspects of labor migration policies and policy documents with which the author interacts in his current activity, but especially as a result of the ex-post evaluation of the Migration and Asylum Strategy (2011 - 2020) as a National Consultant for the International Organization for Migration. As we will argue, the impact and role of policies and policy documents in the field of labor migration is little researched both nationally and internationally, however as we will mention in this article the role of the policy framework is significant for the field of labor migration. Also regarding the issue of protection of migrants’ rights, policy documents intervene in detail on aspects that are not regulated or are insufficiently covered by the current legal framework.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"88 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81249105","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 : 2022-02-01DOI: 10.52388/1811-0770.2021.3(245).07
Artiom Pilat
In the criminal process, without the judges’ rigorous knowledge of the criminal act, actually produced, of the perpetrator’s person, of the objective circumstances that preceded, accompanied or followed the commission of the crime, of the subjective circumstances, as well as without clear knowledge of other circumstances. related to the case, the administration of justice is sometimes impossible. In order to ascertain the objective truth in the criminal cases of the factual data in the vast majority of cases it is necessary to apply special knowledge. In all the cases in which the expertise is spoken, a research carried out by the judicial expert is considered in order to clarify some questions that require special knowledge in one area or another. The most frequently asked questions are in the field of science, technique, art or craft. The law on judicial expertise and the status of the judicial expert defines judicial expertise as a scientific-practical research activity, carried out in the civil, criminal or contraventional process (hereinafter referred to as the judicial process) in order to find out the truth by carrying out methodical investigations with the application of special knowledge and technical-scientific procedures for drawing some argued conclusions about certain facts, circumstances, material objects, phenomena and processes, the human body and psyche, which can serve as evidence in a judicial process
{"title":"The report of technical-scientific or medico-legal finding and its correlation with the judicial expertise report","authors":"Artiom Pilat","doi":"10.52388/1811-0770.2021.3(245).07","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).07","url":null,"abstract":"In the criminal process, without the judges’ rigorous knowledge of the criminal act, actually produced, of the perpetrator’s person, of the objective circumstances that preceded, accompanied or followed the commission of the crime, of the subjective circumstances, as well as without clear knowledge of other circumstances. related to the case, the administration of justice is sometimes impossible. In order to ascertain the objective truth in the criminal cases of the factual data in the vast majority of cases it is necessary to apply special knowledge. In all the cases in which the expertise is spoken, a research carried out by the judicial expert is considered in order to clarify some questions that require special knowledge in one area or another. The most frequently asked questions are in the field of science, technique, art or craft. The law on judicial expertise and the status of the judicial expert defines judicial expertise as a scientific-practical research activity, carried out in the civil, criminal or contraventional process (hereinafter referred to as the judicial process) in order to find out the truth by carrying out methodical investigations with the application of special knowledge and technical-scientific procedures for drawing some argued conclusions about certain facts, circumstances, material objects, phenomena and processes, the human body and psyche, which can serve as evidence in a judicial process","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75971546","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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