Legea și Viața nr.3 (2023)


Specificul instruirii și particularitățile activității bibliotecii școlii de miliție a MAI URSS din Chișinău (anii 1940-1965)
The specific training and particularities of the activity of the library of the school of militia of the MIA of the USSR in Chisinau (years 1940-1965)

Simion CARP, Elena CARP

The authors proposed to investigate in the present article the specifics of professional training at the militia school in the city of Chisinau during the years 1940-1965, the peculiarities of the activity of the library of this educational institution and the impact of the study process specific to this school on the consciousness of the graduates. Thus, it is found that the militia school needed ideological literature, edited at the command of the communist totalitarian regime. The literature was censored and sent centrally by the hierarchically superior structures, responsible for the education system, to the subordinate institutions. According to the authors, the ideological education of the students in this institution was a priority task of the teaching staff. At the same time, during their studies, the students participated in cultural-artistic and ideological events according to the programs coordinated with the Soviet authorities in Moscow. The aim was to educate the loyalty of the young staff and train employees to fight to annihilate any kind of anti-Soviet resistance shown by the Bessarabians. During the theoretical and practical classes, the lecturers aimed to convince the students that the terror and abuses committed by the Soviet repressive organs against the local people were legal.
Keywords: Militia school, Moldavian SSR, library activity, ideological education, censorship.


Simplified procedure for finding and examination of contraventions – theoretical-practical aspects and application problems
Procedura simplificată de constatare şi examinare a contravenţiilor – aspecte teoretico-practice şi probleme de aplicare

Ianuș ERHAN,Stanislav REABOI

In order for the contraventional law to take effect, it is necessary to hold accountable the person who is guilty of committing the contravention, and actually, the detection and examination of the contravention or contraventions committed by a certain person is done within the contravention process.
The contravention process in the simplified procedure consists of the same phases as the classic process, only with the difference that they are carried out/passed much faster due to certain distinct conditions and particularities, and the period from the reporting/finding of the illegal act to the completion of the contravention process it is very short.
Here, the legislator determines different procedural documents, first of all, the minutes regarding the contravention by which the illegal act is individualized, the perpetrator is identified and a solution is adopted for each case.
Another procedural act is the decision by which the flagrant contravention is examined, i.e. the contravention discovered at the time of its commission. In the same way, the decision resolves the offense examined based on the personal findings of the investigating agent. Regarding the contraventions found at the state border crossing points, if the person in respect of whom the contravention process was started recognizes the contravention committed and accepts the sanction in the form of a fine established by the ascertaining agent, he would draw up another procedural act, namely fine receipt.
We can say that the mechanism for examining contraventions in the simplified procedure is a viable one that has demonstrated its efficiency and usefulness for all parties involved in the contravention process. At the same time, in practice there are certain deficiencies in the application of the given procedure, for which reasons the revision and adjustment of the provisions that determine this procedure are required.
Keywords: contravention, contravention process, minutes regarding the contravention, flagrant contravention, contravention penalty, simplified procedure.


Early detection of terrorist campaigns. General considerations, the pattern and main causes thereof
Detectarea timpurie a campaniilor teroriste.Considerațiuni generale, modelul și cauzele principale ale acestora

Alexandru PARENIUC, Vasili BEDA

Terrorism, by its destructive nature, even if it causes a relatively low number of human losses compared to other forms of violent conflicts, contributes significantly to their prolongation. Therefore, there is an urgent need to develop new approaches to prevent this phenomenon. In the process of describing the concepts of terrorism, this article discusses a model for the early detection of terrorist campaigns, long- and medium-term premises (root and immediate causes), as well as short-term indicators, in order to identify the underlying structures that contribute to the implementation of terrorist campaigns. At almost every stage of their implementation, a transition to the use of other methods of combat is possible.
Keywords: terrorism, terrorist activity, terrorist campaign, national security, violent conflicts, early detection.


Asigurarea securităţii penitenciare prin prevenirea introducerii obiectelor şi substanţelor interzise în instituţiile penitenciare
Ensuring prison security by preventing the introduction of prohibited objects and substances into penitentiary institutions

Oleg RUSU

The article is dedicated to the problem of preventing and combating the introduction of objects, substances and food products that are prohibited for keeping, procuring and using by convicts in penitentiary institutions, as their presence can threaten the activity of penitentiary institutions. Thus, the causes and conditions that contribute to the illegal activity are examined, as well as the normative provisions aimed at preventing cases of the penetration of prohibited objects and substances into penitentiary institutions. In this context, the main priority areas for preventing the entry of prohibited objects into the territory of penitentiary institutions are also highlighted.
Keywords: penitentiary system, penitentiary institution, prohibited objects, prohibited substances, preventing the entry of prohibited objects.


Abordări actuale privind calitatea învăţării în instituţiile specializate de instruire ale Inspectoratului General pentru Situaţii de Urgenţă
Current approaches regarding the quality of learning in the specialized training institutions of the General Inspectorate for Emergency Situations

Andrian CIUMAC

Analyzing the impact of the professional training processes of the employees of the General Inspectorate for Emergency Situations, within the context of the protection of the population, the territory, the environment and property in case of danger or triggering of exceptional situations, the specialized training institutions within it, without delay and excluding reluctance, need to align with the good practices and standards applied at the national level, a fact that will contribute to the production and obtaining of a quality education.
Keywords: quality, trial, professional training, reform, merging, confidence, beneficiary.


Aspecte comparative privind transmiterea masei succesorale
Comparative aspects of the transmission of the inheritance property

Evghenia GUGULAN, Iuliana MURSA

The modernization of the Civil Code of the Republic of Moldova has pointed out a set of rules specific to inheritance law, being modified practically completely specific normative regulations including the transmission of the estate.

The process of inheritance transmission is a natural and absolutely necessary process for a genuine democracy, a goal towards which the Republic of Moldova has been striving for years. In this context, the authors propose to carry out a study that refers to the effects of regulating aspects related to the transmission of inheritance assets, in comparison with Spanish, Italian, German, Turkish and, last but not least, Moldovan legislation, in order to clarify aspects that are not sufficiently researched in this field, with a view to creating an adequate and effective mechanism to protect the transmission of inheritance assets.
Key words: inheritance, inheritance patrimony, transmission of the estate.


CRIMART PROJECT – ISF POLICE: goals, achievements and perspectives
PROIECTUL CRIMART – ISF POLICE: obiective, realizări și perspective

Andrei GHIMPU, Ion GÎNDEA

In its evolution, the General Police Inspectorate (GPI) of the MIA approves different Development Strategies and Action Plans regarding their implementation for a certain determined or undetermined period, with the basic purpose of continuous development, the protection of human rights and freedoms as well as the protection of all forms of property, etc., by preventing and fighting crime.
Keywords: property, CrimART – ISF POLICE, combating crime against trafficking in cultural goods and CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora), ISF countries, aspects of cultural heritage protection, the illicit traffic of cultural goods in the aspect of current conditions.


Dimensiuni teoretice privind conceptul de control al achizițiilor publice
Theoretical dimensions regarding the concept of public procurement control

Alina CODREANU

Through this research, the author will identify the importance and impact of the institution of public procurement control, which has particular relevance in the proper functioning of the entire public procurement system, a fact also recognized in the draft National Program for the Development of the Public Procurement System for 2023-2026 and the Action Plan on its implementation.

The study includes as research objectives the general concepts of public procurement control, in terms of delimiting the concepts of public procurement, public procurement contract and its classifi-cation in the category of administrative contracts and, of course, as a general objective, the author aims to analyze the theoretical dimension of the concept of public procurement control. In this context, the study reveals the need to ensure the regularity and quality of the public procurement process, which implies an effective functioning of the public procurement process and the efficiency of control systems, through the correct performance of control, but also through adequate prevention of conflict of interest or mechanisms to remedy deficiencies.

In her research, the author highlights the need to achieve the principle of responsibility, which is one of the sure pillars of effective control. It essentially involves the promotion of assurance tools, development and implementation of management, control and monitoring mechanisms, during all stages of the public procurement process. Therefore, an effective public procurement control system will include the harmonious implementation of ex ante control, managerial control and ex post con-trol.
Keywords: public procurement, public procurement control, quality of the public procurement process, types of control, theoretical dimension, concept, contracting authorities, economic operators, principles, efficiency, quality, control mechanisms, impact.


Life imprisonment of children, comparative criminal law analysis
Detențiunea pe viață a copiilor, aspecte de drept penal comparat

Tatiana DANILESCU

Life imprisonment is a custodial sentence that allows the state to keep the person in its custody for the entire life. The punishment of life imprisonment is of particular importance, as it is often the most severe criminal sanction in countries where the death penalty was abolished. From both a human rights and prison management perspective, life imprisonment raises concerns.

In many legal systems there is an absolute prohibition on all life sentences for children, while 73 States around the world allowed people to be sentenced to life imprisonment for offences committed while under the age of eighteen.

This article focuses on children younger than eighteen years convicted of crimes (as if the United Nations Convention on the Rights of the Child defines the notion of a child) and presents a comparative criminal law analysis of the regulation and enforcement of life imprisonment on children around the world. It also highlights the way that international, regional and national human rights mechanisms have addressed life imprisonment of children over the years.

One of the main conclusions of this analysis is that life imprisonment, of any type, does not have a place in juvenile justice. Imposing such a punishment on a child contradicts our modern understanding that children have enormous potential for growth and maturity as they move from youth to adulthood, and the widely held belief in the possibility of a child’s rehabilitation and redemption.
Keywords: children, rights, sentence, punishment, life imprisonment, life imprisonment without parole.


Elemente de drept penal comparat privind infracțiunea de dezertare
Elements of comparative criminal law regarding the crime of desertion

Dianu GORDILĂ

The topic explored in the article presents a comparative study on how different jurisdictions around the world, handle the offense of desertion and the penalties imposed for it. Generally desertion is considered a military crime and can have serious consequences for the perpetrator. Based on the legal system of other countries, the penalties for desertion can vary depending on the severity of the offense and the specific jurisprudence of the state. Each state, individually provides for the offense of desertion in its criminal legislation, as well as the manner in which the military personnel are held criminally liable.
Keywords: desertion, military service, military, armed forces, leaving the military base, mobilization, concentration.


The opening of the criminal case: the settlement of requests received from the criminal prosecution phase
Punerea pe rol a cauzei penale: soluționarea cererilor parvenite de la faza de urmărire penală

Ion CHIRTOACĂ

At all stages of the criminal proceedings, the court has the role of a leader at each stage. Therefore, the court has the obligation to create equal conditions for all parties and participants for a full and multilateral investigation of the case before it.

Thus, the trial of the case at first instance is divided into the following procedural stages: the opening of the criminal case – which also includes the pre-trial hearing – the judicial inquiry, the judicial debates, the defendant’s last word, the deliberation and the adoption of the sentence. All these compartments comprise common but also distinct procedural activities which are required by the special procedural provisions.

The trial of the criminal case, as a distinct phase of the criminal process, is a specific activity and occupies a central place in the process of achieving criminal justice [6, p. 523]. The above does not diminish the criminal prosecution phase, the judicial control of the pre-trial procedure or the enforcement phase.

Keywords: criminal case, preliminary hearing, activity of the judge, protocol conclusions, list of evidence, adversarial proceedings, publicity, applications and requests.


Unele considerente privind obiectul infracțiunii prevăzute la art.2461 Cod penal al Republicii Moldova (concurența neloială)
Some considerations regarding the object of the offense provided for in art. 2461 Criminal Code of the Republic of Moldova (unfair competition)

Eugeniu MUSTEAȚĂ

In this scientific article, a detailed analysis of the concept of “object of the offence of unfair competition” under the provisions of the legislation of the Republic of Moldova has been carried out. The article highlighted the importance of the object of the offence in the context of unfair competition, showing how it serves as a central pillar for establishing guilt and law enforcement. It was pointed out that the object of the offence of unfair competition is to protect commercial and economic interests and to prevent unfair practices that harm the competitive environment. This scientific article provides a clear and informed perspective on the object of the offence of unfair competition in the Republic of Moldova, highlighting the importance of this concept in law enforcement and in maintaining a fair and equitable competitive environment.

Key-words: competition, national economy, unfair competition, object of the offence, fair competition, economic interests.


Drept contravenţional. Suport de curs, ediția a II-a revizuită și adăugită (Recenzie)
Contravention law. Course Support, 2nd Edition Revised and Added (Review)(autor/ authors: Oleg Pantea, Albert Antoci)

Ianuş ERHAN


Tratamente inumane şi degradante aplicate faţă de femei şi minori în instituţiile de detenţie din RSSM (anii 1944-1949). Studiu în baza documentelor de arhivă (Recenzie)
Inhuman and degrading treatments applied to women and minors in the detention institutions of the Moldovan SSR (years 1944-1949). Study based on archival documents  (Review) (autor/ authors:  Simion CARP, Elena CARP)

Liliana CREANGĂ