Pub Date : 2022-02-01DOI: 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
{"title":"Limitation of the medical staff rights in theR republic of Moldova during the COVID -19 pandemic","authors":"T. Novac","doi":"10.52388/1811-0770.2021.3(245).02","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).02","url":null,"abstract":"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","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":"84282025","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).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.
{"title":"The consequences of victimization of women and the establishment of measures to combat and prevent the victimization process","authors":"D. Stirbu","doi":"10.52388/1811-0770.2021.3(245).14","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).14","url":null,"abstract":"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.","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":"90120070","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).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.
{"title":"Procedural aspects of the termination of prosecution","authors":"Tudor Osoianu, D. Ostavciuc","doi":"10.52388/1811-0770.2021.3(245).03","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).03","url":null,"abstract":"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.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80317199","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).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.
{"title":"Corruption and organized crime. premises and consequences, factors of global influence","authors":"A. Cazacu","doi":"10.52388/1811-0770.2021.3(245).04","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).04","url":null,"abstract":"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.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74432654","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).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.
{"title":"Gender policy in the police – realities and perspectives","authors":"Ianuş Erhan, Mariana Carabanov","doi":"10.52388/1811-0770.2021.3(245).13","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).13","url":null,"abstract":"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.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74425522","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).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.
{"title":"Particularities of the special investigation measure „visual tracking”","authors":"A. Cicala","doi":"10.52388/1811-0770.2021.3(245).05","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).05","url":null,"abstract":"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.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"94 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83875993","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).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.
{"title":"Legal aspects regarding the formation and structure of the share capital of the joint stock company","authors":"Valentina Revenco","doi":"10.52388/1811-0770.2021.3(245).11","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).11","url":null,"abstract":"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.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"102 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80567093","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).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.
{"title":"The role of the compensatory mechanism in the implementation of criminal policy and criminal enforcement policy","authors":"Albert Antoci, Anatol Cananău","doi":"10.52388/1811-0770.2021.3(245).15","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.3(245).15","url":null,"abstract":"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.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80946105","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 : 2021-12-01DOI: 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.
{"title":"Internal limitations of liability and criminal irresponsibility and persons in the state of affect","authors":"Marcela Şomicu","doi":"10.52388/1811-0770.2021.2(244).02","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.2(244).02","url":null,"abstract":"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.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87148977","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 : 2021-12-01DOI: 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.
{"title":"Legal protection of the human genome against the influence of genetically modified products","authors":"Lilia Pîslaru","doi":"10.52388/1811-0770.2021.2(244).13","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.2(244).13","url":null,"abstract":"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.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74005299","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}