{"title":"Some aspects of the objective side of the offenses provided in art. 259 of the Criminal Code","authors":"Serghei Brinza, Alexandru Strimbeanu","doi":"10.59295/sum3(163)2023_01","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_01","url":null,"abstract":"In the present study the following aspects are analyzed: the moment of consummation of the offenses provided in art. 259 of the Criminal Code of the Republic of Moldova, as well as their prejudicial consequences; attempt and preparation in the case of the offenses provided in art. 259 of the Criminal Code of the Republic of Moldova; the cause-and-effect relationship between the prejudicial act and the prejudicial consequences, provided in art. 259 of the Criminal Code of the Republic of Moldova. The offenses, provided in art. 259 of the Criminal Code of the Republic of Moldova, are material offenses. The position regarding the structure of the objective side of these offenses must be differentiated according to the normative modalities of the adjacent action within the prejudicial act. In the case of the offenses provided in art. 259 of the Criminal Code of the Republic of Moldova, the prejudicial consequences are causally related to the adjacent action of destroying, deteriorating, changing, blocking or copying information, the malfunction of the computers, computer systems or networks, which, in turn, is causally related to the main action of illegal access to computerized information.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78416895","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}
{"title":"Legal classifier of penitentiaries in the Republic of Moldova. Human rights problems and solutions","authors":"Oleg Pantea","doi":"10.59295/sum3(163)2023_07","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_07","url":null,"abstract":"This research presents an analysis of the legal fields of categorization of penitentiaries in the Republic of Moldova, correlated with the principle of individualization of punishment and other fundamental principles. Detention must fulfill the purpose for which the person was placed in a penitentiary – social security and reintegration into community. The achievement of this goal can be ensured only by creating and organizing an individualized mechanism for each detained person. A special place in this paper was dedicated to the law gaps regarding the categories and types of penitentiaries, as well as the identification of the concepts of „category” and „type” in terms of the criminal-executive law. At the same time, there were highlighted the problems arising in connection with establishing the type of penitentiary by the court and the possibility of assigning this c","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80199710","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}
{"title":"Hunting during the prohibited period – hypothesis provided by art. 233 of the Criminal Code of the Republic of Moldova","authors":"Ludmila Dumneanu, Anastasia Boldescu","doi":"10.59295/sum3(163)2023_10","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_10","url":null,"abstract":"To perceive the meaning of the syntagma ,,during the prohibited period”, used in art. 233 of the Criminal Code of the Republic of Moldova, it is necessary to take into account the provisions of the reference normative acts for this article. Within these normative acts, the differentiation is made between the periods allowed for hunting and the periods prohibited for hunting. The normative provisions regarding the prohibited periods for hunting supplement those allowed for hunting. Law no. 298/2018 provides for the possibility of modifying the allowed terms for hunting. The Ministry of the Environment has the power to modify the hunting terms, established by law. It is imperative to abrogate the provision from let. g) subp. 5) p. 101 of Annex no. 3 to Government Decision no. 254/2021. Such a solution could exclude the unfavorable extensive interpretation of art. 233 of the Criminal Code of the Republic of Moldova.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82510316","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}
{"title":"Considerations on the ratification of protocol no. 16 to the European convention on human rights by the Republic of Moldova","authors":"Stanislav Pavlovschi","doi":"10.59295/sum3(163)2023_29","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_29","url":null,"abstract":"Harmonising standards of human rights protection is one of the main aims of the European Court of Human Rights. However, one problem the institution faces is the large number of applications lodged by nationals of High Contracting Parties. According to the latest official figures, 75 650 applications are pending before the Strasbourg court. In other words, the Court has become the victim of its own success. One of the solutions to this problem is the adoption of a consultative mechanism through which judicial dialogue between the Court and the European supreme courts is strengthened. The mechanism in question was established by Protocol No. 16 to the Convention, which is to be ratified by the Republic of Moldova. It would be an important tool for national judicial authorities in strengthening the rule of law and achieving a higher level of human rights protection.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80463395","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}
{"title":"Legal regulation and functioning problems of state-guaranteed legal aid model in the Republic of Moldova","authors":"Vadim Suhov","doi":"10.59295/sum3(163)2023_21","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_21","url":null,"abstract":"Legal aid is one of the conditions for a fair trial. In some cases, states guarantee its provision by establishing publicly funded systems for providing such assistance. It is obvious that the existence of these systems is impossible without the involvement of professionals capable of providing quality legal services. Moreover, the organization of the work of these specialists and the procedure for providing state-guaranteed legal assistance by them can be completely different. Each of the models used may have its own advantages and disadvantages. The state-guaranteed legal aid model that exists in the Republic of Moldova is mixed. It combines both the disadvantages and advantages of the individual models included in it, which are explored in this article. Following the study, the author joins the experts’ opinion that the state-guaranteed legal aid system existing in the Republic of Moldova is one of the most harmonious and open, with a wide network of quality legal service providers.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89947226","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}
{"title":"The military potential of separatist regimes","authors":"Valeriu Delighioz","doi":"10.59295/sum3(163)2023_37","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_37","url":null,"abstract":"This article describes the main components of the military potential, including: the number of army personnel; the weaponry and combat vehicles; the morale of the military; the number and quality of command staff; the organization, discipline and internal cohesion of the army; the degree of the development of military science and military doctrine; combat training of troops; the population preparation for the defense of the country. Based on these components, we can assess the military potential of some separatist regimes, which represent a major threat to the sovereignty, security and territorial integrity of the state. In order to successfully counteract this threat, the responsible state structures must focus all efforts on the objective and multilateral assessment of military potential and thoroughly analyze each of their components.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89104345","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}
{"title":"Some conceptual approaches to the topic of terrorism","authors":"Cristina Ejova","doi":"10.59295/sum3(163)2023_30","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_30","url":null,"abstract":"This article is devoted to the study of defining the terrorism concept as a multifaceted social phenomenon, which is dangerous in its essence. There are considered different approaches to the terrorism definition and understanding from the scientific literature. The author emphasizes that the scientific analysis of this extremely complex issue shows that there are a multitude of interpretations of the subject of terrorism and various definitions in the field. In the specialized scientific literature, the most diverse interpretations of the terrorism topic and scientific approaches to its analysis are argued, while a series of problems of a general theoretical and scientific nature are identified. The difficulties in developing a generally accepted international legal paradigm of terrorism lies in the complexity and multifacetedness of the phenomenon, which represents a system in the process of continuous development. The differences in the conceptual approaches of terrorism are explained by the distinctions between social and state systems, by the existence of different schools and by the complexity of the regulatory object which is of different branches of law and political science.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87287497","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}
{"title":"Collective security treaty organization","authors":"Nicolae Coslet","doi":"10.59295/sum3(163)2023_27","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_27","url":null,"abstract":"The collapse of the Soviet Union left behind an enormous territorial space, divided between 15 republics that declared their independence, forced to promptly respond to all challenges, especially those related to security, or the issue of ensuring the national security of the states always being the center of attention of the military and political leadership from all countries without exception. Thus, the states were faced with the choice, either to develop their own defense mechanisms, or to join forces to ensure their national security on a collective basis. This study aims to elucidate the premises and stages of the creation of the Collective Security Treaty Organization, as well as to analyze the role of this organization in terms of ensuring the collective security of the member states. At the same time, the objectives and principles governing the organization’s activity are presented.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80428575","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}
{"title":"The study of the topic of Moldovan diaspora in the European Union: historiographical aspects","authors":"Gheorghe Mosneaga","doi":"10.59295/sum3(163)2023_33","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_33","url":null,"abstract":"The following article offers a historiographic analysis of Moldovan labor migration and diaspora abroad. The article lists the primary stages of labor migration from the Republic of Moldova; its main destinations and volumes; the factors that influence the formation of communities and diaspora; the policies of exit and destination countries of Moldovan migrants; the measures taken for the return and reintegration of migrants home. The article draws attention to the aspects of migrants’ adaptation and integration into the host society. Attention is likewise given to specific problems in this regard, such as the migrants’ cohesion or division, their suspicion of governmental bodies, etc. Another touched upon aspect – the transformation of the migrants’ goals, status, and possibilities, the role and influence migrants have on the life of their exit country. The article also provides a chronological analysis of scientific interest and sources dedicated to the topic, both at home and abroad.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84119963","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}
{"title":"Unitary form of the state structure: concept and main features","authors":"Anatoli Kostromitchi","doi":"10.59295/sum3(163)2023_25","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_25","url":null,"abstract":"This article is devoted to the theoretical and legal analysis of various approaches to the definition of the unitary form of government and its main features. The study of unitary states is very relevant, this is primarily due to the fact that most states in the world are similar in terms of the form of government, but at the same time they differ greatly from each other. In addition, the study of unitary states is interesting in the context of the trend of regionalization processes taking place in various countries of the world. The study of the unitary form of government is of particular importance today, since it is determined by national, state-territorial factors, as well as specific socio-cultural conditions in different regions of the world. The article characterizes approaches to the definition of the concept of a unitary state by the criterion of inclusion in its composition (structure) autonomy. Common features characterizing unitary states are revealed. It contains general features that characterize unitary states. In conclusion, a definition is formulated, a definition of unitary states is formulated and a conclusion is made about the structure of unitary states.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75613820","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}