The National law journal最新文献_第2页

The notion, the legal nature and the importance of the contracts for the provision of services in the energy field 能源领域提供服务合同的概念、法律性质和重要性

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).19

Silvia Stici

引用次数: 0

Forensic technique: problems, trends, perspectives 法医技术:问题，趋势，观点

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).09

Andrian Badia

{"title":"Forensic technique: problems, trends, perspectives","authors":"Andrian Badia","doi":"10.52388/1811-0770.2022.2(248).09","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).09","url":null,"abstract":"The globalization processes currently taking place around the world, along with the increasingly accelerating development of technical and scientific progress, are leading to the imminent quantitative and qualitative modification of contemporary crime. In its structure, an increasingly significant weight is acquired by economic criminality, which \"feeds\" all others, including those related to banditry, separatism, terrorism, etc. The present paper is devoted to the issue of forensic technique, its nature and place in the system of scientific knowledge, its methodological role in the formation of the general theory of judicial expertise, but also to some theoretical-practical problems that persist in expertise. It is stated that both forensic science as a whole, and especially forensic technology, present areas of synthetic and not purely legal nature, which merge knowledge in the fields of technique and nature – fact, of only scientology significance, at the moment. Next, the formation of a new field is analyzed - judicial expertise, derived from the forensic technique, arising from the need to generalize and theoretically argue the processes that occur in the practical activity of expertise, serving as support in the formation of the scientific bases of the varieties of expertise.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88677182","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}

引用次数: 0

Delimitation of vandalism from the crime of deterioration or destroyment of cultural heritage goods 将破坏公物罪与恶化或毁坏文化遗产物品罪区分开来

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).23

Valentin Chiriţa, Sofia Pilat

{"title":"Delimitation of vandalism from the crime of deterioration or destroyment of cultural heritage goods","authors":"Valentin Chiriţa, Sofia Pilat","doi":"10.52388/1811-0770.2022.1(247).23","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).23","url":null,"abstract":"Despite the fact that vandalism has deep historical roots, with the development of civilization accompanied by the evolution of the urbanization process, this criminal act has become more widespread. This is due to the increasing share of transport infrastructure (the emergence of new public transport units, railways, etc.), cultural infrastructure and cults that include an impressive number of goods of historical, cultural or religious value; distancing the relations between the members of the social group; formalization of social relations and as a result the loss of informal social control over members of the community, etc. All these factors directly favor the commission of acts of vandalism, which affect the historical, cultural and religious values protected by the state. In the conditions of the existence of a rule of law, the fight against the crimes that threaten the public order acquires a special relevance. These circumstances were taken into account by the legislator in the process of elaborating the legal measures meant to counteract such criminal acts, measures that were reflected in the criminal legislation in force. The legal protection of patrimonial relations also implies the incrimination of the facts that harm the cultural heritage goods. In this sense, pursuing the purpose of heritage protection, the legislator incriminated the damage or destruction of cultural heritage assets in art. 1991 CP.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"97 9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87705730","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}

引用次数: 0

Reflections on the concept of respect for the rights and freedoms of the person in the special investigation activity 对特殊侦查活动中尊重人身权利和自由观念的思考

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).03

B. Glavan

引用次数: 0

Improving national banking regulations during the period of global financial instability 在全球金融不稳定时期改善国家银行监管

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).15

Alexandru Armeanic, Nicolae Zavulan

{"title":"Improving national banking regulations during the period of global financial instability","authors":"Alexandru Armeanic, Nicolae Zavulan","doi":"10.52388/1811-0770.2022.2(248).15","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).15","url":null,"abstract":"The scientific update of the article is to highlight the positive aspects of the European practice and the ways to implement reforms for the current systems of the Republic of Moldova. Starting from the specifics of financial institutions as well as their activities, it is proposed to implement simplified and more effective processes, following international practice, which would increase the chances for a bank to return to the usual activity or in the aggravated cases to reduce the negative consequences not only on the legal company and the minimization of budget expenditures. The aim of the article is to assess the current state and development of the banking market and to adjust existing legislation to updated and more effective standards and procedures. Methods of research: classical and creative [1]. The outcomes: shaping the ways of efficient use of resources in order to solve as quickly as possible the disputes arising in a process of winding up a bank and creating a legal framework that would protect the financial institution, the clients how and state taxpayers. The research also resulted in a complex analysis of the procedures applied both on the territory of the Republic of Moldova and the international practice on banks in insolvency, the risk factors for a bank’s activities, the proposed methods and techniques for optimizing the state intervention process for improving the state of a bank in the context of internal policies and the process of globalization.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"66 3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79287138","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}

引用次数: 0

Guarantees of governance of the right to nationality in states of continental law 大陆法系国家对国籍权的治理保障

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).05

Victoria Dari

引用次数: 0

Starting the criminal process in the legal regulation of the Republic of Moldova – an essential criterion of the special investigation activity 在摩尔多瓦共和国的法律条例中启动刑事程序- -特别调查活动的一项基本标准

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).10

B. Glavan

{"title":"Starting the criminal process in the legal regulation of the Republic of Moldova – an essential criterion of the special investigation activity","authors":"B. Glavan","doi":"10.52388/1811-0770.2022.2(248).10","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).10","url":null,"abstract":"The object of study of the present paper is the starting limit of the criminal process, which in the legal regulation of the Republic of Moldova is distinct from that of starting the criminal prosecution. The topicality of the investigated theme derives from the complexity of the problems related to the identification of the respective limit, especially since the Moldovan legislator avoided establishing a certain procedural act that would mark the beginning of the criminal process. The interest of the analysis of this research subject starts from the conditioning provided in Law no. 59/2012 on the special investigation activity regarding the performance of different categories of special investigation measures either within or outside the criminal process, a condition that marks the legality or illegality of those measures. Following the research carried out, it is concluded that the current provisions of the Moldovan procedural law are not clear enough regarding the beginning of the criminal process, a fact that essentially limits the potential of special investigations in the phase of the criminal process before the criminal prosecution and that significantly benefits the criminal elements, ruining the trust of the state by law the Republic of Moldova – guarantor of constitutional values.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90239787","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}

引用次数: 0

The notion of state secret in the context of the legal framework of the crime provided by art. 344 of the Criminal code of the Republic of Moldova 在国家秘密概念的背景下，为犯罪的法律框架提供了依据。《摩尔多瓦共和国刑法》第344条

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).02

Valentin Chiriţa, A. Gaina

{"title":"The notion of state secret in the context of the legal framework of the crime provided by art. 344 of the Criminal code of the Republic of Moldova","authors":"Valentin Chiriţa, A. Gaina","doi":"10.52388/1811-0770.2022.2(248).02","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).02","url":null,"abstract":"The constitutional provisions of the Republic of Moldova state that the right of the person to have access to any information of public interest cannot be limited, and the public authorities, according to their powers, are obliged to ensure the correct information of the citizens on public affairs and on issues of personal interest. Additionally, the provisions of the same article stipulate that the right to information must not prejudice measures to protect citizens or national security. The prevention and combating of crimes against public authorities, as well as acts threatening national security, as a result of the disclosure of state secrets, is of major importance, in the context of the new geopolitical situation. In the content of this article, some approaches were made regarding the etymology and notion of state secret, the degrees of secrecy, the principles and methods of assigning information to state secret, in accordance with the local legislation in force. At the same time, the provisions of foreign legislation with reference to the protection of classified information were studied, some additions to the normative framework in force in the field of state secret protection being proposed.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81311052","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}

引用次数: 0

Legal knowledge through the prism of a new metho-dological horizon 透过新方法论视界棱镜的法律知识

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).26

Bogdan Cuza

{"title":"Legal knowledge through the prism of a new metho-dological horizon","authors":"Bogdan Cuza","doi":"10.52388/1811-0770.2022.1(247).26","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).26","url":null,"abstract":"In this article, the author highlights the importance of legal methodology in the research process, because the writings about law must comprise almost all theoretical concerns, centered on the exegesis of positive law, of jurisprudence, especially in the area of interpretation, of legal hermeneutics. This work is also significant from the standpoint of transdisciplinarity, as the necessity for legal knowledge to contribute to the contemplation of law, constituted in other domains such as philosophical, theological, or artistic, has become increasingly apparent. In this sense, we consider the defining quality of law as a cultural product, as a creation of the integral human spirit. The research of the legal phenomenon must necessarily take into account the investigations carried out equally in other fields of universal science. Thus, the scientific approach of the present research aims at the ignored or blurred existence of some important legal meanings in the cultural, historical, artistic, literary, religious creation and which are extremely beneficial for the theory and practice of law. The research methodology involves traditional methods such as the historical, logical, comparative, systemic method, but also current methods such as the informational - communicational ones, as well as the integrative strategy, without affecting the specificity of the legal phenomenon.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79776905","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}

引用次数: 0

Strategies and tactics for resolving territorial conflicts in Georgia through the prism of international law 通过国际法的棱镜解决格鲁吉亚领土冲突的战略和战术

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).01

Mihail Poalelungi, Alexander Kurtskhalia

引用次数: 0