The National law journal最新文献_第4页

Theoretical-conceptual aspects regarding the entitlement of the legal field concerned by the protection of environmental factors 关于权利保护的理论概念方面是法律领域关注的环境因素

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).06

Andrian Creţu

{"title":"Theoretical-conceptual aspects regarding the entitlement of the legal field concerned by the protection of environmental factors","authors":"Andrian Creţu","doi":"10.52388/1811-0770.2022.1(247).06","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).06","url":null,"abstract":"Accurate knowledge of the scope of a field or branches of law is an indispensable condition for the evolution of any branch of the legal system. This is also the case with environmental law. Despite the various debates on the correct name of the branch concerned with the protection of environmental factors, launched in the doctrinal space since its inception, today more and more specialists in the field use the phrase “environmental law” when referring to legal relations established during protection environmental protection, development, conservation and rational use of all environmental components, including anthropogenic ones. However, there is currently some controversy regarding the certainty of the legal segment of concern for the field of environmental law, often being confused with that of ecology science, superimposed even at the level of scientific and didactic approach. For this reason, we decided to end the discussions that further complicate matters, trying to show that ecology and the environment, respectively, environmental law are distinct areas, although very close, correlated and coexisting in the legal system.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"64 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88187101","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

Access to education from detention. The experience of european states 从拘留中获得教育。欧洲国家的经验

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).08

Florin Proca

引用次数: 0

Controversies of some constitutional interpretations of laws 一些法律的宪法解释争议

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).03

Vadim Enicov

{"title":"Controversies of some constitutional interpretations of laws","authors":"Vadim Enicov","doi":"10.52388/1811-0770.2022.2(248).03","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).03","url":null,"abstract":"The constitutional interpretation of laws is in the attention of society because of the defining character of the regulations it generates. Constitutional norms regulate social relations of major importance, and interpretation can bring about essential changes in their realization. The study aimed to elucidate some contradictory aspects of the constitutional jurisprudence in Moldova. The analysis of some decisions of the Constitutional Court allows concluding the prejudice of particular fundamental rights, such as the presumption of innocence or the right to private property. In an attempt to understand the limits of constitutional interpretation in the context of the principle of legal security, comparative and systemic methods are used for the legal argumentation of the role of the judicial forum in the construction of new legislative regulations. In the author’s opinion, the constitutional interpretation of laws does not in all cases meet the requirements of legal security. The reinterpretation of fundamental rights, such as the right to property or the presumption of innocence, can generate more legislative distortions. The constitutional interpretation of laws must be guided not by the opportunities of the moment, but by the consolidation of fundamental principles and rights.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84635077","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 defense in administrative litigation of the rights damaged by the authorities (case study). Part II 行政诉讼中权力侵害权利的抗辩(个案研究)。第二部分

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).11

Stefan Belecciu, Igor Sevcenco

引用次数: 0

Protection of human rights and freedoms by the police 警察保护人权和自由

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).07

Ianuş Erhan

引用次数: 0

Historical references and general notions regarding judicial error 关于司法错误的历史参考和一般概念

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).05

Alexandru Marit, Roman Eremciuc

引用次数: 0

Constitutional guarantees of local autonomy in the Republic of Moldova 摩尔多瓦共和国对地方自治的宪法保障

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).04

Anatolii Babaianu

{"title":"Constitutional guarantees of local autonomy in the Republic of Moldova","authors":"Anatolii Babaianu","doi":"10.52388/1811-0770.2022.2(248).04","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).04","url":null,"abstract":"Autonomy is the right of a state, a region, a minority or a nationality to self-administer, to make decisions, in the framework of a state controlled by a central power, without the intervention of the central government, and the public administration aims to achieve the general interest of society. Namely starting from this, for the realization of this local governance, the communities form (choose) some institutions, authorities, abilities with the right to investigate and represent their interests. Local autonomy is a principle and a way of organizing local administration, it cannot be implemented without restructuring the entire public administration system. The distinct particularity of the process of reforming the local public administration in the Republic of Moldova is determined by the dissonance between the material and financial possibilities of the local authorities and the attributions given to them by these regulations. In conclusion, we would like to mention that local autonomy is one of the constitutional foundations of the states and its source of existence is not the state will, but the constitutional will of the people, which is materialized in the fundamental constitutional principle regarding local autonomy.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"458 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83019790","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

Considerations regarding the application of procedure in criminal investigation and trial of flagrant crimes 关于刑事侦查和审判明目张胆犯罪适用程序问题的思考

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).14

Irina Pavel-Guzun

{"title":"Considerations regarding the application of procedure in criminal investigation and trial of flagrant crimes","authors":"Irina Pavel-Guzun","doi":"10.52388/1811-0770.2022.2(248).14","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.2(248).14","url":null,"abstract":"It is noted that the diversification of criminal proceedings according to the person accused or the act committed is a natural contemporary approach. Reality is leading to the emergence of new summary proceedings whose task is to help speed up the process, guaranteeing the rights of the individual. The article below analyses the procedure for the prosecution and trial of flagrante delicto offences. In this context, an attempt has been made to ascertain the nature of this procedure, its level of applicability in our system and any obstacles to its application. In this article, the following were examined: the purpose of the procedure for the prosecution of flagrante delicto offences; historical background; elements of comparative law; forms of flagrante delicto; application of procedural measures of constraint; the report of the flagrante delicto; the actual procedure for the prosecution and trial of flagrante delicto offences; results of the empirical study on the applicability of the procedure for the prosecution and trial of flagrante delicto offences - an empirical study was carried out on a sample of 40 persons among justice actors (judges, prosecutors, lawyers) on the applicability of the procedure for the prosecution and trial of flagrante delicto offences in the national system.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"233 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87593227","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 essence of the police in terms of public order and security competencies 警察在公共秩序和安全能力方面的本质

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.1(247).21

Ianuş Erhan

{"title":"The essence of the police in terms of public order and security competencies","authors":"Ianuş Erhan","doi":"10.52388/1811-0770.2022.1(247).21","DOIUrl":"https://doi.org/10.52388/1811-0770.2022.1(247).21","url":null,"abstract":"The police is the public authority that implements state policies in the areas of competence entrusted to it, provides state security services, having the primary mission of protecting people, respecting their rights and freedoms, enforcing the law, controlling and preventing crime, maintaining and ensuring public order. The activity of the police in a state governed by the rule of law, based on the rule of law, is extremely important. The police in the Republic of Moldova respects the model of organization and functioning valid for most police structures in the world. Respectively, it has approximately the same competencies, it is governed by the same principles and operating rules applicable in a state governed by the rule of law with a democratic regime. Because the police represent the state in the most visible way, trust in the police is equivalent to trust in the state. The police, which is inefficient, illegitimate or unjust in protecting the public against crime and ensuring public order, will lose the trust of the latter. On the other hand, the police will increase the legitimacy of the state if it demonstrates in its daily activity sensitivity to the needs and expectations of the society and uses the authority of the state in the interest of the citizens.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82579727","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 phenomenon of illegal migration: concept and forms of manifestation 非法移民现象:概念与表现形式

The National law journal Pub Date : 2023-01-01 DOI: 10.52388/1811-0770.2022.2(248).08

Victor Frumusachi

引用次数: 0