Radion COJOCARU, George ȚICAL,Ana-Maria GHERMAN-GRIMAILO
Abstract: The article offers an extensive historical analysis of the emergence and development of the principle of criminal legality, examined in relation to the legal, political, and philosophical context of antiquity. The research aims to identify the original features of criminal legality shaped by the institutionalization of written penal norms, which implicitly led to the recognition that only a pre-existing and general norm can legitimize the imposition of a criminal sanction. Through its interdisciplinary character and its balance between historical inquiry and philosophical reflection, the study strengthens the axiological dimension of legality, reaffirming the universal value of law as an expression of order, freedom, and justice.
By analyzing ancient sources as well as contemporary interpretative scholarship, the study highlights that the principle of criminal legality is not an exclusively modern creation, but rather a constant of juridical thought. The purpose of the research lies in demonstrating that, from the earliest eras, legality was conceived as an instrument of reason and social balance. The paper thus contributes to a universal understanding of the origin and function of the principle of criminal legality, offering a broad historical perspective on the ways in which legal rationality came to constitute one of the foundations of civilization.
The study was developed within the framework of advanced learning in criminal law, as part of the course Methods and Scientific Research Tools of Criminal Law, taught at the Doctoral School “Criminal Sciences and Public Law” of the “Ștefan cel Mare” Academy. At the same time, the article represents a research outcome carried out within the individual research program of the doctoral project entitled The Principle of Legality in Criminal Law.
Keywords: criminal law, antiquity, legality, criminal statute, offence, punishment.
DOI: https://doi.org/10.5281/zenodo.18241767
Andrei CAZACICOV
Abstract: Hospitalization in a psychiatric institution is a security measure regulated by Article 490 of the Criminal Procedure Code, the practical applicability of which reveals several insurmountable deficiencies. The vulnerability of the normative framework regarding the named legal institution has been pointed out both by certain authors individually and by non-governmental organizations, as well as by state institutions whose duties involve the direct execution of court orders for the hospitalization of individuals with mental disorders in psychiatric institutions. The failure to address these legislative gaps could affect fundamental human rights and freedoms and, in the long term, lead to the Republic of Moldova being condemned by the European Court of Human Rights (ECHR). As long as the practice of applying Article 490 of the Criminal Procedure Code remains highly inconsistent, the risk of bearing potentially negative consequences is present both for state employees (Police, Prosecutor’s Office, Courts, Public Health Institutions, etc.) and for the defendant, their family members, and/ or society as a whole. The outcome of the study includes several recommendations and proposals which implementation is compulsory for both the interpretation and the correct application of the analyzed security measure.
Keywords: hospitalization, psychiatric institution, right to liberty, security measure, coercive measure.
DOI: https://doi.org/10.5281/zenodo.18242055
Constantin RUSNAC,Felicia VÎRLAN
Abstract: This paper examines certain specific aspects of the crime scene investigation in homicide cases and their various manifestations, emphasizing the importance of this procedural action in substantiating the evidentiary framework. The primary objective is to highlight the role of the crime scene examination as a fundamental evidentiary means for identifying, preserving, and utilizing crime traces with a view to establishing the judicial truth. The authors analyze the operational structure of the investigation—comprising the preparatory stage, the execution stage (including the static and dynamic phases), tactical procedures (circular, linear, sector-based), as well as the documentation of the action through the official investigation report, crime scene sketch, forensic photographs, and video recordings. The study explores the applicability of this evidentiary procedure depending on the modus operandi of the offense: homicide committed with sharp instruments, firearms, asphyxiation, drowning, poisoning, dismemberment, electrocution, arson, traffic incidents, or fatal falls from height. In each of these scenarios, the crime scene investigation requires tactical and technical adjustments based on the nature of the physical traces, the condition of the body, and the specific circumstances of the case. The study provides practical recommendations aimed at enhancing the effectiveness of prosecutorial activities and minimizing judicial errors, while also emphasizing the necessity of interprofessional cooperation between the criminal investigation officer, the forensic specialist, and the forensic pathologist. The conclusions reaffirm the unrepeatable, urgent, and indispensable character of the crime scene investigation in homicide cases, identifying it as one of the most effective procedures in achieving the overarching goal of criminal proceedings—the establishment of truth.
Keywords: crime scene investigation, homicide, forensic tactics, evidentiary procedure, criminal prosecution.
DOI: https://doi.org/10.5281/zenodo.18242133
Vitalie JITARIUC, Iulia BRIA
Abstract: The article comprehensively analyzes the principle of the presumption of innocence, approached both as a fundamental subjective right and as an indispensable procedural guarantee of a fair criminal trial. The study highlights the historical and theoretical foundations of this principle, as well as its consecration in the relevant international documents – in particular the European Convention on human rights and Directive (EU) 2016/343 – and in the national legislation of the Republic of Moldova. In this context, the normative and jurisprudential substance of the presumption of innocence is examined, with an emphasis on its implications for the burden of proof, the application of the in dubio pro reo standard, respect for the right to silence and the privilege against self-incrimination. At the same time, the research analyzes the incidence of the principle in the phases of the criminal process, as well as the impact of the public discourse of the authorities on the image of innocence of the accused person.
Keywords: presumption of innocence, procedural guarantee, fair trial, burden of proof, right to silence.
DOI: https://doi.org/10.5281/zenodo.18242251
Simion Carp,Dianu Gordilă
Abstract: The article examines the case of Lieutenant Major, Ivan Konstantinovich Zakharov, Hero of the Soviet Union, presented by Soviet propaganda as a soldier who fell in battles against Ukrainian nationalists in 1947. The analysis of archival sources, the press of the time and commemorative materials demonstrates the existence of biographical forgeries and manipulations aimed at reinforcing the heroic mythology of the totalitarian communist regime. The study highlights the way, Soviet authorities used lies, concealing crimes and mystifying the past to shape collective memory and serve political objectives. The conclusion of the research emphasizes the need to confront the past and expose historical falsehoods, in order to consolidate authentic democratic values in the Republic of Moldova.
Keywords: historical falsehood, Hero of the Soviet Union, I. K. Zakharov, Soviet propaganda, collective memory, political myth, totalitarian communist regime.
DOI: https://doi.org/10.5281/zenodo.18242328
Grigore ARDELEAN, Antonela CRUDU
Abstract: The division of joint property is an aspect of divorce in terms of property which, in the event of the omission of the limitation period established by the legislator, risks imposing on the former spouses the management of the joint property for the entire duration of their existence. In these circumstances, it is important that the interested parties are aware of this term and seek appropriate legal advice, in order not to lose the opportunity to claim their right to division. However, practice shows that often the parties, after the dissolution of the marriage, avoid resorting to division of property for various personal and financial reasons, while the legislator, by establishing a limitation period, forces the interested parties to an active approach in managing the division, without waiting for the expiration of the term and subsequent complications during the division.
Thus, the purpose of this paper focuses on identifying alternative solutions to cases of omission of the prescription period required for the division of joint property after divorce, in order to avoid impunity for jointly using assets that have not been divided within the 3-year period from the divorce.
On the other hand, it would be unfair to oblige the parties by law to resort to division within a certain period, but also to impose former spouses to use the jointly undivided assets after divorce, which is still not the most inspired decision.
Under such conditions, we see ourselves obliged to intervene through research in order to identify optimal solutions that would favor both subjects who, in fact, had to act within a reasonable period to decide the fate of the assets after divorce.
Keywords: divorce, joint property, division, property right, prescription period.
DOI: https://doi.org/10.5281/zenodo.18242607
Ștefan STAMATIN
Abstract: The effectiveness of counteracting contraventions and ensuring the rule of law in contravention proceedings largely depends on the Moldovan legislator’s use of correct and uniform terminology, as well as on the scientific development of the concepts and terms contained in the norms of contravention legislation. The issue of improving legislation through correct and uniform terminology is an old one; however, neither the doctrine of contravention law nor the legislator gives it the attention it deserves. The subject of contravention terminology is studied well below expectations. Therefore, in this work, the main focus is the Contravention Code of the Republic of Moldova, seen as an object of research. Despite its numerous advantages over the former contravention legislation and the many amendments over the years, unfortunately, it still suffers from several shortcomings including those related to the terminology used. The lack of investigations and studies in the field of specialized languages, including legal ones, the absence of consensus on various aspects of this area, the insufficient study of contravention terminology, the need to describe certain terms in this field, and to compile an inventory of the current contravention terminology all reflect the importance of the topic I chose to investigate in this paper. The greatest difficulty in contravention terminology is posed by the phrase “resolution of a contravention case”, which, in its essence and procedural dimension, implies various meanings. This violates all legislative drafting rules and creates significant difficulties in the application of contravention norms. The use of a single term to define multiple relationships and conversely, using multiple terms to describe the same legal relationship can create confusion even for a specialist, especially for a beginner in the legal field. Indeed, the terms used in contravention law, like those in other legal domains, must be unambiguous and clearly defined. It is unacceptable for the same term in a legal regulatory act to be used ambiguously.
Keywords: contravention, resolution of a contravention case, contravention process, specialized terminology, Contravention Code, authority of finding, authority of examination, stages (phases) of the contravention process.
DOI: https://doi.org/10.5281/zenodo.18242690
Ianuș ERHAN, Stanislav REABOI
Abstract: The procedure for releasing from criminal liability with holding to contravention liability is at the intersection of two branches of law, namely criminal law and contravention law, and norms from both branches of law are applied to it. Criminal law includes the provisions that establish the grounds and conditions for release from criminal liability, and contravention law includes the categories of sanctions applied. Also, the respective procedure clearly denotes the connection that exists between these two branches of law when for committing a crime the person is held liable for a misdemeanor, by the essence of the prejudicial act. Or, the connection between crime and misdemeanor is obvious, the difference being between the degree of social danger and the consequences that occur when one or the other is committed.
Decriminalization and offering certain individuals the opportunity to avoid criminal punishment represents a guarantee, in addition, that the deviant behavior they have had and which does not present an increased degree of social danger has been made aware of and understood, and the person’s correction is possible without being subjected to criminal punishment. The misdemeanor sanction is lighter and does not have such categorical legal consequences on the person as in the case of criminal punishment (deprivation of liberty, criminal record, cancellation of certain rights, etc.).
Even if it is not a general legislative decriminalization, by moving the illicit act from the criminal sphere to the minor offence, this is an individual procedure, linked to the personality of the perpetrator (personalized) and the act committed, which must meet certain conditions. The role and impact of this procedure on the criminal phenomenon in order to reduce it has been discussed for a long time, but in order to be able to make an objective and equidistant assessment, we must understand the very essence of this mechanism, but also the shortcomings that are encountered when applying this procedure.
Keywords: release from criminal liability, criminal punishment, misdemeanor sanction, prosecutor, court of law.
DOI: https://doi.org/10.5281/zenodo.18242741
Luminița DIACONU
Abstract: In an era of unprecedented climate change, ecological security has emerged as a critical dimension of human, national, and regional security. This paper examines the complex interplay between environmental degradation, climate variability, and socio-political vulnerabilities in Moldova and the broader EU neighborhood, with a focus on transboundary resource management and policy responses.
Aim: By integrating scenario-based planning, adaptive governance frameworks, and ecological peacebuilding strategies, the study demonstrates how climate-induced ecological stress functions as a “threat multiplier,” exacerbating water scarcity, agricultural disruption, energy insecurity, and socio-political tensions. The Dniester River Basin case study exemplifies the urgent challenges of managing shared water resources under uncertain climate trajectories, highlighting the need for multi-level governance, predictive monitoring, and community engagement.
Methodology: Comparative analyses of Moldova, Eastern Partnership countries, and EU member states reveal both governance gaps and opportunities for proactive, coordinated policy. The paper argues that effective ecological security requires not only technical solutions but a moral and strategic commitment to human well-being, social resilience, and regional cooperation.
Discussions and results: Ultimately, it contends that the failure to integrate ecological considerations into national and regional security frameworks risks cascading crises, whereas anticipatory, collaborative, and human-centered strategies can transform vulnerability into resilience, forging a pathway toward sustainable peace and prosperity in the face of accelerating environmental change.
Keywords: ecological security, climate change, transboundary resource management, adaptive governance.
DOI: https://doi.org/10.5281/zenodo.18242810
Liliana CREANGĂ, Mariana GOLOVATII
Abstract: The aim of this scientific paper is to provide an analysis of current employment policies, specifically describing the distinction between active and passive policies and comparing European and national legislation. These policies aim to promote the economy, social cohesion and territorial cohesion.
We intend to provide an overview of policies aimed at stimulating employment policies and protecting workers at each stage of the employment relationship, taking into account both the country’s economic growth and social policy. An important aspect is to explore how the European Union intends to promote social progress and improve the living and working conditions of the European population.
The scientific results of the research will contribute to the shaping of common objectives for employment policy, with the aim of creating new high-quality jobs and reducing unemployment. Thus, the analysis of Italy’s good practices in the field of employment policy highlights numerous measures, programs and public interventions aimed at regulating the labor market, increasing employability, facilitating job placement and providing income support to those facing difficulties.
Keywords: labor policies, social policies, employees, employers, social progress.
DOI: https://doi.org/10.5281/zenodo.18242869
Veronica ARNĂUT
Abstract: In the United States, lobbying involves the paid activity in which special interests hire professional lawyers with well-established connections to rule on specific legislation in decision-making bodies. There is therefore clearly an interdependent cycle here regarding lobbying and its regulations, which progress and become more rigid as the loopholes exploited by lobbyists are discovered, as well as the ratification of amendments in cases of serious deviations from the law, which have caused notorious litigation. At the same time, the European Union prefers to give greater importance to social dialogue and the transparency of decision-making of its institutions, in order to protect them from potentially unfavorable influences that would not respect open, free and equal competition in terms of influencing legislative decision-making processes. On the other hand, in the case of Russia and the Republic of Moldova, being an activity, probably, latent in the legal systems of the respective countries, the aspect of lobbying remains rudimentary, as neither exhaustive regulatory laws, nor codes of conduct or transparency registers have been developed. Finally, accountability, transparency, responsiveness and fairness – are four fundamental principles with the ability to shape a fair regulation of lobbying, based on the premises that a lawmaking process designed around these principles should aim to increase general trust in the decision-making process and democratic institutions and improve the quality of decisions overall.
Keywords: lobbying, lobbyists, lobby, legislative, interests, influence, states.
DOI: https://doi.org/10.5281/zenodo.18242966
Ivan Gheorghiu
Abstract: This paper addresses the issue of enhancing differentiated specific physical training among the students of the “Stefan cel Mare” Academy of the Ministry of Internal Affairs (MAI), through the systematic integration and use of combat disciplines within the instructional and educational process. In a context where the demands of the policing profession are becoming increasingly complex and diverse, and students’ individual characteristics are increasingly heterogeneous, it is necessary to reconsider the strategies for training, developing, and assessing psychomotor abilities in accordance with the specific requirements of the future profession. A differentiated approach to motor training allows for the adaptation of methods and tools to the students’ physical development levels, thereby promoting the optimization of performance among MAI Academy students.
From a contemporary perspective, combat sports and martial arts are not merely complementary forms of training, but serve as genuine pedagogical and operational tools. They contribute significantly to the development of basic motor qualities (strength, speed, endurance, coordination, flexibility), as well as psychomotor competencies essential in the fields of physical education and sport (self-control, fighting spirit, decision-making under pressure, resilience).
Keywords: special physical training, differentiated training, combat sports, martial arts, instructional strategy, competitive activity.
DOI: https://doi.org/10.5281/zenodo.18243022
Vica ANTON
Abstract: Psychological adaptation and personal development of students during academic training are essential for professional preparation within law enforcement structures. Periodic assessment of cognitive abilities, personality traits, and vocational interests enables monitoring of individual progress and analysis of the educational process’s impact.
Training at the “Ștefan cel Mare” Academy of the Ministry of Internal Affairs involves a complex pathway that combines theoretical instruction with practical training, aiming to develop a professional profile aligned with the requirements of the internal affairs system. Given the demanding nature of careers in this field, continuous evaluation of how academic training influences key psychological dimensions related to performance is necessary.
For MAI personnel, the development of strong cognitive skills, a balanced personality, and clear professional motivation is crucial—qualities that can be nurtured through a well-structured educational process. Periodic psychological evaluations provide an integrated perspective on students’ progress and the effectiveness of educational interventions.
The present study proposes a comparative analysis of the psychological profile of students from the 2025 graduating class, based on results obtained during their first year of study and at the end of the undergraduate cycle. The focus is on identifying changes in cognitive abilities, personality traits, and vocational interests, in order to assess the impact of academic training on students’ personal and professional development.
The results may serve as a basis for potential curricular adjustments or training strategies, contributing to the optimization of the educational process and the professional development of future specialists in the field of internal affairs.
Keywords: cognitive abilities, personality traits, vocational interests, Ministry of Internal Affairs, students of the “Ștefan cel Mare” Academy.
DOI: https://doi.org/10.5281/zenodo.18243088
Dan FURCULIȚA
Abstract: The legal classification of an act represents the cornerstone of the criminal process, since all subsequent stages depend on its accuracy. Acts of incitement, inducement or facilitation of sexual services carried out through information technologies and electronic communications have, in practice, generated significant difficulties in legal classification. Prior to the introduction of Article 220¹ into the Criminal Code of the Republic of Moldova, such acts were classified inconsistently, in many instances they were treated as forms of pimping under Article 220 of the Criminal Code, while in other cases they were qualified as the production and dissemination of pornographic materials pursuant to Article 90 of the Contravention Code. Thus, in order to harmonize national legislation with new realities, the Criminal Code was supplemented with Article 220¹, formulated as follows: „the incitement, inducement or facilitation of providing sexual services online”, witch encompasses three basic offence variants and two aggravated offence variants.
Keywords: Criminal Code; legal classification; online sexual services; incitement; inducement; facilitation.
DOI: https://doi.org/10.5281/zenodo.18243179
Ghenadie PREŢIVATÎI
Abstract: The paper provides an in-depth analysis of the issue of initiating actions against legal entities under public law, treated as a fundamental pillar of the rule of law and effective judicial protection. At the core of the analysis lies the principle that no entity, regardless of rank or legal status, stands above the law — a principle enshrined in the supremacy of law, the separation of powers, and the constitutional right of citizens to an effective remedy. The study examines the constitutional and international foundations of access to justice, including relevant case law, as well as the provisions of the Administrative Code that determine the jurisdiction of courts in reviewing the legality of acts and actions of public authorities.
Legal entities under public law — such as central and local public administration authorities, public institutions, autonomous administrations, and other entities vested with public authority powers — manage public assets and provide services of general interest. These very prerogatives can create imbalances in relations with private individuals, making it necessary to establish clear and efficient procedural mechanisms to restore legality. The paper details the types of actions possible against such entities and identifies practical limitations, such as immunities, restrictive time limits, and jurisdictional conflicts between civil courts and administrative litigation courts.
Keywords: legal entity, public law, general interest, legality control, access to justice, protection of fundamental rights, administrative litigation.
DOI: https://doi.org/10.5281/zenodo.18243230
Ion Rotaru, Valentina Russu
Abstract: The institutionalization of children in the Republic of Moldova is a phenomenon with a long history, shaped by various social, economic, and political factors. Despite progress in the field of child protection, state-run institutions for children remain a reality for many who face abandonment or family separation. Institutionalization refers to the process by which children who cannot be cared for by their parents are placed in protective institutions such as orphanages or placement centers.
Since the 2000s, the Republic of Moldova has implemented several reforms aimed at reducing the number of institutionalized children and promoting alternatives more favorable to their development. Authorities have sought to improve child protection legislation and encourage family-based placements such as adoption, kinship care, or foster care. At the same time, training programs for staff working in protective institutions have been implemented to improve the quality of care provided to children.
One of the most important reform programs has been the promotion of alternative care and the support of families in difficulty. By developing support services for families, such as parental counseling, financial assistance, and educational programs, efforts have been made to prevent child-family separation. In addition, day centers have been established for children from vulnerable environments so that they can remain with their families while still receiving education and support.
Keywords: family, children, institutionalization, problems, perspectives.
DOI: https://doi.org/10.5281/zenodo.18243272