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Subjective side of the crime of creating or leading a criminal organization 建立或领导犯罪组织罪的主观方面
The National law journal Pub Date : 2021-12-01 DOI: 10.52388/1811-0770.2021.2(244).12
Andrei Cazacicov
{"title":"Subjective side of the crime of creating or leading a criminal organization","authors":"Andrei Cazacicov","doi":"10.52388/1811-0770.2021.2(244).12","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.2(244).12","url":null,"abstract":"The application in the national judicial practice of the criminal norm established at art. 284 Penal code encounters some difficulties resulting from the misinterpretation of the corresponding elements and signs of crime composition. The present study aimed to explain in detail and intelligibly the content of the subjective side of the crime of creating or leading a criminal organization, what will be useful from both perspectives: theoretical and practical. The coherent explanation of the content of the subjective side of the crime of creating or leading a criminal organization provides additional possibilities in the qualification process, which can be used contradictory by both participants in the criminal trial: the prosecution and the defense.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79287952","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 nature of social assistance benefits provided to persons at risk 向处境危险的人提供社会援助福利的法律性质
The National law journal Pub Date : 2021-12-01 DOI: 10.52388/1811-0770.2021.2(244).09
Ana-Maria Săcară
{"title":"Legal nature of social assistance benefits provided to persons at risk","authors":"Ana-Maria Săcară","doi":"10.52388/1811-0770.2021.2(244).09","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.2(244).09","url":null,"abstract":"Social assistance is an important link in the national social protection system, through which the state is committed to protecting and supporting people and families who are at risk or vulnerable. The nature of the vulnerability depends on poor material condition, physical and health status, family status (single-parent families, orphans), exposure to situations of violence, etc. To prevent and annihilate social risks, state institutions with social functions provide citizens in need with a range of social benefits to alleviate existing inequalities, normal integration into society and regain their autonomy. In this article, we will identify the problems of the social benefits system, which make the purpose and objectives of providing these monetary supports remain purely ideological, because they do not ensure a visible improvement in living conditions. In the author’s opinion, the state’s social policy must be aimed at combating in time the causes that lead to the risk of poverty, and not get involved post factum, when a large part of our citizens are in a situation of absolute poverty. In this context, it is found that all reforms, policies, and budgetary decisions, regardless of the field they regulate (education, agriculture, economy, construction), negatively or positively influence the well-being of the family, and must be directed towards the healthy development of families in the Republic of Moldova.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87130226","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: 1
Juvenile crime: causes and consequences 青少年犯罪:原因与后果
The National law journal Pub Date : 2021-12-01 DOI: 10.52388/1811-0770.2021.2(244).06
Olesea Cebotari
{"title":"Juvenile crime: causes and consequences","authors":"Olesea Cebotari","doi":"10.52388/1811-0770.2021.2(244).06","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.2(244).06","url":null,"abstract":"Juvenile criminality has always been of a great interest as a phenomenon. This fact can be explained as like the young people are the reserves of humanity, On it depends the continuity of development of the entire society. But the crimes made by juveniles prove that they are characterized by the negative socialization, unsatisfactory education and because of this their integration In the social life increase a lot of problems. More than that, Juvenile criminality is an index of the degradation of the society. Studying the problems of juvenile delinquency, as well as general crime, requires consideration of the concrete situation - political and socio-economic, on the background of which criminogenic processes are formed and developed. Unfortunately, we must recognize that the current political and socio-economic background clearly negatively influences the youth environment, including adolescents. A constant trend towards the worsening economic living conditions of most of the country’s population, including minor children, leads to an increase in the level of psycho-emotional overload and the intensification of the crisis in family relationships. In turn, these circumstances contribute to the emergence of child neglect as a social phenomenon.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87584167","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
Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission? 特别情况委员会对《违法法》的修改还是对宪法的蔑视?
The National law journal Pub Date : 2021-07-01 DOI: 10.52388/1811-0770.2021.1(243).05
Iulian Rusanovschi
{"title":"Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?","authors":"Iulian Rusanovschi","doi":"10.52388/1811-0770.2021.1(243).05","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.1(243).05","url":null,"abstract":"On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74994173","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 HOSTAGE-TAKING FROM BLACKMAIL OFFENSES AND OTHER SIMILAR CRIMINAL ACTS 劫持人质与勒索罪和其他类似犯罪行为的区分
The National law journal Pub Date : 2021-07-01 DOI: 10.52388/1811-0770.2021.1(243).03
Valentin Chiriţa
{"title":"DELIMITATION OF HOSTAGE-TAKING FROM BLACKMAIL OFFENSES AND OTHER SIMILAR CRIMINAL ACTS","authors":"Valentin Chiriţa","doi":"10.52388/1811-0770.2021.1(243).03","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.1(243).03","url":null,"abstract":"The delimitation of this offense from other similar components is of special importance in order to perform a correct deed qualification according to article No. 280 of the Penal Code of RM. The analysis of the problem in question has a great significance for both theory and judicial practice. The delimitation of the hostage-taking from other similar offenses is to be performed on the basis of the objective and subjective signs by which the respective components differ. The offense provided in art. 280 of the Penal Code of the RM is connected with a series of misdemeanors, which threaten, first of all, the freedom of a person, the transport security, as well as patrimonial relations. This type of offense refers to: blackmail (art. 189 of the Penal Code of RM), kidnapping of a person (art. 164 of the Penal Code of RM), illegal deprivation of liberty (art. 166 of the Penal Code of RM), hijacking or capture of a train, an aircraft, maritime or fluvial ship (art. 275 CP) etc.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90217184","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
CASES OF CONVERSION OF THE CIVIL LEGAL ACT IN SUCCESSION MATTERS 民事法律行为在继承事项上的转换案件
The National law journal Pub Date : 2021-07-01 DOI: 10.52388/1811-0770.2021.1(243).01
Sergiu Baiesu, Mariana Sargarovschi
{"title":"CASES OF CONVERSION OF THE CIVIL LEGAL ACT IN SUCCESSION MATTERS","authors":"Sergiu Baiesu, Mariana Sargarovschi","doi":"10.52388/1811-0770.2021.1(243).01","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.1(243).01","url":null,"abstract":"The conversion as a way of correcting the causes of nullity of the civil legal act, which consists in capitalizing in a transformed manner the manifestation of valid will expressed in a civil legal act struck by nullity in a subsequent civil legal act, has applicability in various matters of civil law. This paper focuses on the identification and analysis of conversion hypotheses in the field of succession reflected in the doctrine, but also in the Civil Code of the Republic of Moldova. Thus, the author noted that a privileged will struck by nullity may be converted into a holographic will, that the act of alienation of the succession property struck by nullity may be converted into tacit acceptance of the succession and that the act of alienation of the object of the bequest struck by nullity will be able to be converted into revocation of the bequest.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78188287","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
CONCEPTUAL REFERENCES REGARDING RECODIFICATION AND DECODIFICATION AS FORMS OF THE SYSTEMATIZATION OF LEGISLATION 关于作为立法系统化形式的再认证和再认证的概念参考
The National law journal Pub Date : 2021-07-01 DOI: 10.52388/1811-0770.2021.1(243).10
Ion Postu, Elena Tentiuc
{"title":"CONCEPTUAL REFERENCES REGARDING RECODIFICATION AND DECODIFICATION AS FORMS OF THE SYSTEMATIZATION OF LEGISLATION","authors":"Ion Postu, Elena Tentiuc","doi":"10.52388/1811-0770.2021.1(243).10","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.1(243).10","url":null,"abstract":"This paper analyzes the concepts of recodification and decodification, both from the perspective of legislative technique and systematization of legislation. Being seen as codification modalities or as reverse actions, these two phenomena are approached from the perspective of the activity of legislative creation. This study is the first of its kind, or being new concepts for Eastern European doctrine, decodification and recodification have not yet benefited from in-depth research in our legal literature, so in this article the authors analyze the considerations of Russian and European scientists, who have been the basis for promoting these new terms for local legal science. Practical examples of recodification and decodification include normative acts of the Republic of Moldova. The authors conclude that despite the difference in codification, decodification and recodification tasks, these legal phenomena are characterized by a certain degree of interconnection and ultimately provide their own definition of recodification, adjusted to the national regulatory framework.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78601863","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 CONTRACT FOR THE BENEFIT OF A THIRD PERSON. DEFINING ASPECTS AFTER THE MODERNIZATION OF THE CIVIL CODE OF THE REPUBLIC OF MOLDOVA 为第三人利益而订立的合同。摩尔多瓦共和国民法典现代化后的界定
The National law journal Pub Date : 2021-07-01 DOI: 10.52388/1811-0770.2021.1(243).12
Sergiu Baiesu, Ludmila Beliban-Rațoi
{"title":"THE CONTRACT FOR THE BENEFIT OF A THIRD PERSON. DEFINING ASPECTS AFTER THE MODERNIZATION OF THE CIVIL CODE OF THE REPUBLIC OF MOLDOVA","authors":"Sergiu Baiesu, Ludmila Beliban-Rațoi","doi":"10.52388/1811-0770.2021.1(243).12","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.1(243).12","url":null,"abstract":"The contract for the benefit of a third person is that atypical and absolutely impressive legal construction that has struggled to make its place in the laws of many states. The regulation of this type of contract was catalyzed by the practical necessity generated by the jurisprudence. This study represents an exemplary synthesis of the doctrinal-theoretical dimension of the contract issue for the benefit of a third person after the modernization of the Civil Code of the Republic of Moldova. The practical aspects of the contract for the benefit of a third person are also approached, and a particularly important aspect is the analysis of the subject approached in the light of the new regulations of the Civil Code of the Republic of Moldova.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"347 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75129270","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 DOMESTIC VIOLENCE. CAUSALITY AND CONSEQUENCES OF VIOLENT FAMILY CLIMATE 家庭暴力现象。家庭暴力气氛的因果关系和后果
The National law journal Pub Date : 2021-07-01 DOI: 10.52388/1811-0770.2021.1(243).07
Olesea Cebotari
{"title":"THE PHENOMENON OF DOMESTIC VIOLENCE. CAUSALITY AND CONSEQUENCES OF VIOLENT FAMILY CLIMATE","authors":"Olesea Cebotari","doi":"10.52388/1811-0770.2021.1(243).07","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.1(243).07","url":null,"abstract":"Domestic violence represents a serious social problem being considered a form of torture because of its characteristics. Lived as a reality, it causes traumas, lived in the imaginary, it breakdowns the human being, making it incapable of the performances of a normal life, integrated in the society. The consequences appear not only on an individual level, but also socially through the shattering of relationships and the erosion of solidarity and social cohesion. So we can say that domestic violence is a pressing problem that requires solutions without delay and special attention from both society and the state. It is widespread throughout the country and has a negative impact on the health of all women who are beaten by their partners. We cannot but overlook the fact that violence leads to increased mortality, as well as homicides or even suicides. So, domestic violence is a very alarming phenomenon that demands to be solved quickly and effectively.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84560679","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
OBJECTIVES OF DEVELOPING ANALYTICAL ACTIVITY IN THE INVESTIGATION OF CORRUPTION CRIMES 目的在调查贪污罪行时发展分析活动
The National law journal Pub Date : 2021-07-01 DOI: 10.52388/1811-0770.2021.1(243).02
Francisco Talmaci
{"title":"OBJECTIVES OF DEVELOPING ANALYTICAL ACTIVITY IN THE INVESTIGATION OF CORRUPTION CRIMES","authors":"Francisco Talmaci","doi":"10.52388/1811-0770.2021.1(243).02","DOIUrl":"https://doi.org/10.52388/1811-0770.2021.1(243).02","url":null,"abstract":"This article sets out the objectives of developing analytical work in investigating criminal offenses, with particular reference to preventing and combating corruption offenses in the Republic of Moldova. Also, were analyzed the changes in legislation, which had a positive impact on the analytical activity carried out by the National Anticorruption Center, and it proposes new measures for the development of this activity in terms of science, education and institutions. The results of the research outline the need to develop guidelines for the training of future intelligence analysts, the approval of a model of criminal analysis at the national level and the introduction of a new discipline of study in police faculties - criminal analysis.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"149 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89230451","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
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