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Limitation of the medical staff rights in theR republic of Moldova during the COVID -19 pandemic COVID -19大流行期间摩尔多瓦共和国医务人员权利的限制
Pub Date : 2022-02-01 DOI: 10.52388/1811-0770.2021.3(245).02
T. Novac
With the emergence of the first cases of COVID-19 and the onset of the epidemiological crisis in all countries of the world, including in the Republic of Moldova, the first categories of employees most affected, medically, socially, morally and legally, were employees of the healthcare system, especially doctors and healthcare professionals who have been at the forefront of triage and treatment of COVID-19 patients. In all parts of the world, the state authorities have launched a series of activities to stop the spread of COVID-19 diseases as soon as possible, but unfortunately, the actions taken have not been enough to stop the crisis that has affected the entire globe. In the Republic of Moldova, since the beginning of the COVID-19 epidemic, the state authorities have taken multiple actions in order to reduce the incidence of diseases, but these are not enough, and in some cases, even wrong. The high number of deaths among medical workers has led to a major problem - the lack of medical staff in the health system, which has required urgent measures to protect and motivate these categories of employees without whom no country in the world can fight the COVID-19 pandemic
随着第一批COVID-19病例的出现和流行病学危机在包括摩尔多瓦共和国在内的世界各国爆发,在医学、社会、道德和法律上受影响最大的第一类雇员是卫生保健系统的雇员,特别是一直站在COVID-19患者分诊和治疗第一线的医生和卫生保健专业人员。在世界各地,国家当局已经开展了一系列活动,以尽快阻止COVID-19疾病的传播,但不幸的是,所采取的行动还不足以阻止影响全球的危机。在摩尔多瓦共和国,自2019冠状病毒病流行开始以来,国家当局采取了多项行动,以减少疾病发病率,但这些行动还不够,在某些情况下甚至是错误的。医务人员的大量死亡导致了一个重大问题——卫生系统缺乏医务人员,这需要采取紧急措施来保护和激励这类员工,没有他们,世界上任何国家都无法抗击COVID-19大流行
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引用次数: 0
The consequences of victimization of women and the establishment of measures to combat and prevent the victimization process 受害妇女的后果和制定措施打击和防止受害进程
Pub Date : 2022-02-01 DOI: 10.52388/1811-0770.2021.3(245).14
D. Stirbu
In the Republic of Moldova, most women, especially in rural areas, have the status of victims, thus having been assaulted and subjected to violence by their husbands or partners, and too few of them are aware that this violence is a crime and of course, these women do not know where to turn for help. A woman is a human being who belongs to the categories of victims with a high level of victim vulnerability. Victims have the right to be treated and respected with dignity. They have the fundamental right of access to the courts in order to defend their honor and to repair the caused damage under the legal provisions. To prevent this phenomenon, it is necessary to realize the complexity of this phenomenon, the reasons that cause victimization, to find out the means of combating victimization. In the fight against the phenomenon of victimization, which has a negative impact on the society, the prevention process plays an active and important part.
在摩尔多瓦共和国,大多数妇女,特别是农村地区的妇女,具有受害者的地位,因此受到丈夫或伴侣的攻击和暴力,她们中很少有人意识到这种暴力是一种犯罪,当然,这些妇女不知道向哪里寻求帮助。妇女是一个人,属于具有高度受害者脆弱性的受害者类别。受害者有权得到有尊严的对待和尊重。他们有诉诸法院的基本权利,以便根据法律规定捍卫自己的荣誉和修复所造成的损害。要预防这一现象,就必须认识到这一现象的复杂性,认识到造成受害的原因,找出打击受害的手段。在对社会产生负面影响的受害现象进行打击的过程中,预防过程起着积极而重要的作用。
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引用次数: 0
Procedural aspects of the termination of prosecution 终止起诉的程序方面
Pub Date : 2022-02-01 DOI: 10.52388/1811-0770.2021.3(245).03
Tudor Osoianu, D. Ostavciuc
This article is dedicated to the research of the subject regarding the completion of the criminal investigation. This stage is one of major importance in the criminal process, because once the criminal investigation body has administered the evidence regarding the deed and the person, considering them useful, relevant and conclusive, it decides the completion of criminal investigation. This stage is not a formal one, but presupposes the analysis of the evidence, the legality of obtaining it, the observance of the rights of the parties in the process and other activities, which, until the end, reach the purpose of the criminal investigation. The termination of the criminal investigation enhances the activity of the criminal investigation body and at this stage it is decided whether or not to send the criminal case to the court. Starting from the premise that no law is perfect, from the analysis performed on this subject we find that the criminal procedural legislation sometimes does not correspond to the procedural requirements, as it is necessary to amend and supplement some criminal procedural rules. Last but not least, an important topic is the presentation of the materials of the criminal case to the parties in the process. At this stage it is necessary to respect the rights of the parties according to the free access to justice by virtue of art. 6 of the European Convention on Human Rights. Thus, in order to explain the legal procedure, the authors come up with recommendations and proposals for the respective stage and clarify the action of the criminal investigation body and the prosecutor, so as to comply with the European quality standard.
本文致力于对刑侦完成这一课题的研究。这一阶段是刑事诉讼程序中最重要的阶段之一,因为刑事侦查机关一旦掌握了有关行为和人的证据,认为证据有用、相关、确凿,就决定刑事侦查是否完成。这一阶段不是正式的,但前提是对证据的分析、取得证据的合法性、在这一过程中遵守当事人的权利以及其他活动,这些活动直到最后达到刑事调查的目的。刑事侦查终止增强了刑事侦查机关的能动性,在这一阶段决定是否将刑事案件提交法院。从法律不完善的前提出发,从对这一问题的分析中我们发现,刑事诉讼立法有时不符合程序要求,有必要对一些刑事诉讼规则进行修改和补充。最后但并非最不重要的是,一个重要的话题是在刑事案件的过程中向当事人出示材料。在这一阶段,有必要尊重当事人根据法律自由诉诸司法的权利。《欧洲人权公约》第6条。在此基础上,提出了相应阶段的建议和建议,明确了刑事侦查机关和检察官的行为,以符合欧洲质量标准。
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引用次数: 0
Corruption and organized crime. premises and consequences, factors of global influence 腐败和有组织犯罪。前提和后果,全球影响因素
Pub Date : 2022-02-01 DOI: 10.52388/1811-0770.2021.3(245).04
A. Cazacu
The presence of large-scale illegal business in the economies of some countries can have a corrupting influence on the governments of these states, especially on law enforcement and border control. It is known that illegal business directly or indirectly associated with acts of corruption directly involves the interaction between a public agent and a representative of the private sector. Thus, through coupling/association, corrupt public agents and illegal businesses can generate illicit enrichment, tolerance and non-sanctioning of criminal acts. Bribery in relation to illegal business contributes to illicit capital raising, and through several corrupt arrangements corrupt officials and organized criminal groups often send funds across the country’s borders. Therefore, three criminal phenomena - organized crime, corruption and money laundering - are closely linked. However, these crimes can also occur individually. In many cases, one of these illegal acts inevitably leads to another, thus generating vicious circles, interactions or intercalations between organized crime and money laundering, between organized crime and corruption, between corruption and money laundering, and even between all three.
在一些国家的经济中,大规模非法商业的存在可能对这些国家的政府产生腐败的影响,特别是在执法和边境管制方面。众所周知,与腐败行为直接或间接有关的非法业务直接涉及公共机构与私营部门代表之间的相互作用。因此,通过耦合/关联,腐败的公职人员和非法企业可以产生非法致富,容忍和不制裁犯罪行为。与非法商业有关的贿赂有助于非法筹集资金,通过一些腐败安排,腐败官员和有组织犯罪集团经常将资金转移到国外。因此,有组织犯罪、贪污和洗钱这三种犯罪现象是密切相关的。然而,这些罪行也可能单独发生。在许多情况下,一种非法行为不可避免地导致另一种非法行为,从而在有组织犯罪与洗钱之间、有组织犯罪与腐败之间、腐败与洗钱之间,甚至三者之间产生恶性循环、相互作用或穿插。
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引用次数: 0
Gender policy in the police – realities and perspectives 警察中的性别政策-现实和观点
Pub Date : 2022-02-01 DOI: 10.52388/1811-0770.2021.3(245).13
Ianuş Erhan, Mariana Carabanov
Gender equality is a fundamental human right and a goal that governments and international organizations have assumed. Gender equality means that people’s rights, responsibilities and opportunities will not depend on whether they were born male or female. Sustainable Development Goal 5, which addresses gender equality, calls for the elimination of violence, and Goal 16 calls for strong and stable judicial institutions. In this regard, the composition and culture of a police force play a key role in the ability to achieve these goals. Thus, the promotion of gender equality is an international legal obligation, but also a necessity for achieving national development goals, and at the level of police services, gender mainstreaming is fundamental for protecting workplace rights, streamlining police services, but, and to have safer societies and a stronger rule of law. Under these conditions, the implementation of gender policies within the Police is a continuous commitment and process, and for several years the desire to increase the number of women in the Police has become a priority, which, we believe, will continue in the coming years.
性别平等是一项基本人权,也是各国政府和国际组织共同追求的目标。性别平等意味着人们的权利、责任和机会将不取决于他们是生为男还是生为女。涉及性别平等的可持续发展目标5呼吁消除暴力,目标16呼吁建立强大而稳定的司法机构。在这方面,警察部队的组成和文化对实现这些目标的能力起着关键作用。因此,促进性别平等是一项国际法律义务,也是实现国家发展目标的必要条件。在警察服务层面,性别主流化对于保护工作场所权利、精简警察服务以及建立更安全的社会和更强有力的法治至关重要。在这种情况下,在警察内部执行性别政策是一项持续的承诺和过程,几年来,增加警察中妇女人数的愿望已成为一项优先事项,我们相信,这将在未来几年继续下去。
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引用次数: 0
Particularities of the special investigation measure „visual tracking” 专项侦查措施“目视跟踪”的特殊性
Pub Date : 2022-02-01 DOI: 10.52388/1811-0770.2021.3(245).05
A. Cicala
In our scientific approach, we intend to analyze the content of the special investigation measure “Visual Tracking” through the prism of the legislation of the Republic of Moldova, taking into account the opinions of researchers in the field in the country and abroad. The visual investigation is carried out directly by the investigation officers of the profile or specialized subdivisions, within a criminal trial, as well as outside it only with the authorization of the prosecutor and for the purpose of gathering information about persons, means of transport, real estate or other objects. This measure is one of the most widespread and effective ways of solving the tasks of the special investigation activity, the essence of which consists in the visual, secret pursuit of persons of operational interest, in order to obtain and confirm information, which promotes the prevention or detection of crimes, searching of persons, who are hiding from criminal prosecution and trial, including convicts, who are evading punishment, establishing the whereabouts of missing persons without a trace and establishing the unexplained circumstances in the criminal proceedings.
在我们的科学方法中,我们打算通过摩尔多瓦共和国立法的棱镜来分析特殊调查措施“视觉跟踪”的内容,同时考虑到国内外该领域研究人员的意见。在刑事审判中,或在刑事审判之外,只有在检察官授权的情况下,并为了收集有关人员、交通工具、房地产或其他物体的信息,才直接由侧面或专门分科的调查人员进行视觉调查。这项措施是解决特别调查活动任务的最广泛和最有效的方法之一,其实质是对有业务利益的人进行目视和秘密追捕,以获取和确认信息,从而促进预防或侦查犯罪,搜查逃避刑事起诉和审判的人,包括逃避惩罚的罪犯,确定无迹失踪人员的下落,确定刑事诉讼中无法解释的情况。
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引用次数: 0
Legal aspects regarding the formation and structure of the share capital of the joint stock company 关于股份公司股本的形成和结构的法律问题
Pub Date : 2022-02-01 DOI: 10.52388/1811-0770.2021.3(245).11
Valentina Revenco
The share capital of the Joint Stock Company is a baseline figure, contractual (provided in the Articles of association) and accounting (recorded in the liabilities side of the balance sheet) which shows, from a legal point of view, the level of the shareholders’ contribution obligation and, by default, the limit of shareholders’ liability, and the value of the goods of the company’s assets that are subject to the legal rules of the share capital, this being also called nominal capital or figure capital. The share capital of a Joint Stock Company is created by the shares placed by the shareholders and represents the value in kind and in cash, exclusively for certain categories of Joint Stock Companies, paid proportionally to the number and value of the subscribed shares. Analyzing the provisions of the legal acts, as well as the doctrinal opinions, we conclude that the contribution represents the manifestation of will of the shareholders, which consists in undertaking the obligation to contribute to the formation of the share capital of a Joint Stock Company determined by the transfer in ownership or use of a property in the assets of that company, in exchange for any shares, as well as the factual and legal fulfilment of such obligation by the actual transfer of such property to the company. The share capital of the Joint Stock Company includes the value of the cash and in-kind contributions paid at the time of the company’s incorporation or subsequently, by additional subscriptions. The law does not require that the contributions of the shareholders (stockholders) be equal in value or have the same object, and in the event of a single shareholder to be as a unitary object. Because, the property that forms the share capital of the Joint Stock Company ensures its economic activity and free participation in the civil circuit.
股份公司的股本是一个基准数字,合同(在公司章程中规定)和会计(记录在资产负债表的负债部分),从法律的角度来看,它显示了股东的出资义务水平,默认情况下,股东的责任限额,以及受股本法律规则约束的公司资产货物的价值。这也被称为名义资本或数字资本。股份公司的股本是由股东配售的股份构成的,代表着实物和现金的价值,只适用于某些类别的股份公司,按认购股份的数量和价值按比例支付。分析法律行为的规定,以及理论意见,我们得出结论,出资代表了股东意志的表现,这包括承担出资的义务,以形成股份公司的股本,通过转让所有权或使用该公司资产中的财产,以换取任何股份。以及通过将该财产实际转让给公司而在事实和法律上履行该义务。股份公司的股本包括在公司成立时或随后通过额外认购支付的现金和实物出资的价值。法律不要求股东(股东)的出资价值相等或具有相同的目标,并且在单一股东的情况下作为单一目标。因为,构成股份公司股本的财产保证了股份公司的经济活动和在民事诉讼中的自由参与。
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引用次数: 0
The role of the compensatory mechanism in the implementation of criminal policy and criminal enforcement policy 补偿机制在刑事政策实施和刑事执行政策中的作用
Pub Date : 2022-02-01 DOI: 10.52388/1811-0770.2021.3(245).15
Albert Antoci, Anatol Cananău
Repeated requests from applicants to the European Court of Human Rights v. The Republic of Moldova described the same problems with material conditions of detention, such as overcrowding in prisons, lack of hygiene and adequate material conditions of poor quality and quantity. Insufficient food, as well as a lack of adequate medical care, led the Court to find that poor detention conditions in the Republic of Moldova are a systemic problem. The state of affairs in which the Republic of Moldova was mentioned conditioned the immediate implementation of remedies with preventive and compensatory effects that would guarantee an effective compensation from the state for violations of the Convention, violations that occurred not only during detention but also in the time the person was under criminal investigation. Such a remedy has been recognized as a compensatory mechanism, through which the claimant can submit a claim to the national court, which, if it finds that there has been a violation of the Convention, is entitled to reduce part of the compensation mechanism by applying the compensatory mechanism. the custodial sentence applied.
申请人向欧洲人权法院诉摩尔多瓦共和国案提出的多次请求描述了拘留物质条件方面的同样问题,例如监狱过度拥挤、缺乏卫生条件和质量和数量都很差的适当物质条件。由于食物不足以及缺乏适当的医疗保健,法院认为摩尔多瓦共和国恶劣的拘留条件是一个系统性问题。摩尔多瓦共和国所提到的情况是以立即实施具有预防和补偿作用的补救办法为条件的,这将保证国家对违反《公约》的行为作出有效赔偿,这些违反行为不仅发生在拘留期间,而且发生在该人接受刑事调查期间。这种补救办法已被确认为一种补偿机制,通过这种机制,索赔人可以向国家法院提出索赔,如果国家法院发现存在违反《公约》的情况,有权通过适用补偿机制减少部分赔偿机制。适用监禁判决。
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引用次数: 0
Internal limitations of liability and criminal irresponsibility and persons in the state of affect 内部责任限制和刑事不负责任与人的状态有关
Pub Date : 2021-12-01 DOI: 10.52388/1811-0770.2021.2(244).02
Marcela Şomicu
The explanatory dictionary of the Romanian Language offers the following definition of the notion of affect: emotional reaction with a strong and relatively short development. The notion of affect comes from the Latin affectionus, which has the meaning of emotional emotion, horror. Although the legislator does not indicate the types of affect, at the same time in psychology it is considered that it manifests itself under several types. The most common are anger, hatred, horror, fear (and its most intensified form - nightmare, contempt). The appearance of one or another type of affect is in an interdependence on the physiological mechanisms, on the character of the person, as well as on the complex of other internal and external factors. Thus, for the correct appreciation of the actions committed in a state of affect, it is necessary to establish in detail the type of affect, the reason, its causes, the form of guilt, etc. When differentiating the diagnosis of pathological and physiological affections, it is necessary to keep in mind that these are different conditions, although they have an accumulation of common characteristic traits. The common elements of the physiological and pathological affections are attributed to a short duration; sudden onset; emotional reaction; explosive flow; sudden onset; strong emotional discharge; mental and physical exhaustion; partial amnesia.
罗马尼亚语的解释性词典对情感的概念给出了以下定义:强烈且发展相对较短的情绪反应。“情感”一词来源于拉丁语“深情”,有“情感”、“恐惧”的意思。虽然立法者没有指出情感的类型,但在心理学上,它被认为是在几种类型下表现出来的。最常见的是愤怒、憎恨、恐惧、恐惧(以及其最强烈的形式——噩梦、蔑视)。一种或另一种类型的情感的出现与生理机制、人的性格以及其他内部和外部因素的复杂关系是相互依赖的。因此,为了正确地理解在情感状态下所做的行为,有必要详细地确定情感的类型、原因、原因、内疚的形式等等。在区分病理性和生理性情感的诊断时,有必要记住,这些是不同的条件,尽管它们具有共同的特征特征的积累。生理和病理情感的共同要素归因于短暂的持续时间;突然发作;情绪反应;爆炸流;突然发作;强烈的情绪宣泄;身心疲惫;暂时性失忆症。
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引用次数: 0
Legal protection of the human genome against the influence of genetically modified products 人类基因组免受转基因产品影响的法律保护
Pub Date : 2021-12-01 DOI: 10.52388/1811-0770.2021.2(244).13
Lilia Pîslaru
This article contains information on genetically modified organisms, their risks, and adverse effects, including on the human genome. An analysis of existing legislation in the field of genetically modified organisms is performed. As a result of the study, it was found that existing legislation does not provide effective protection of the human genome. The existing regulations in the Republic of Moldova in the field of genetically modified organisms correspond to international acts, but at the same time are inefficient and insufficient. There is a need to amend existing legislation, including by supplementing criminal and misdemeanor law with new regulations to ensure effective protection of that area. In drafting this paper, the international, regional, and national regulatory framework governing the field of the human genome, as well as that of genetically modified organisms, as well as a vast doctrinal framework in the field of genetically modified organisms were studied and used. The following methods were used: logic, analysis, and synthesis, systemic, empirical. At the end of the article, some proposals of the ferenda law were submitted, meant to cover the existing gaps in the legislation.
这篇文章包含了转基因生物的信息,它们的风险和不利影响,包括对人类基因组的影响。对转基因生物领域的现行立法进行了分析。这项研究的结果是,现有的立法并没有为人类基因组提供有效的保护。摩尔多瓦共和国在转基因生物领域的现行条例符合国际行为,但同时效率低下和不够充分。有必要修订现行立法,包括用新的条例补充刑法和轻罪法,以确保有效保护这一领域。在起草这篇论文的过程中,研究和使用了国际、区域和国家管理人类基因组领域以及转基因生物领域的监管框架,以及转基因生物领域的一个庞大的理论框架。采用了逻辑、分析、综合、系统、实证等方法。在文章的最后,提出了一些关于全民公决法的建议,旨在弥补现行立法的空白。
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引用次数: 0
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The National law journal
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