Legea și Viața nr.4 (2023)


Effective Management of Defence and National Security Projects Based on PRINCE2 Methodology on the Example of the Police Academy in Szczytno
Managementul eficient al proiectelor de apărare și securitate națională pe baza metodologiei PRINCE2 pe exemplul Academiei de Poliție din Szczytno

Ewa Kuczyńska

Racial discrimination, defined as the unfair treatment of individuals or groups based on their racial or ethnic origin, can have significant effects in various domains, including the workplace, education, and society at large. The consequences of discriminatory acts include social exclusion, stigmatization, a decline in the quality of life, fear, diminished self-esteem, poverty, violence, and social disintegration. There is a close connection between discrimination and social inequality, wherein we emphasize the aspect related to disparities in access to opportunities and resources. We will address the most effective prevention strategies, highlighting the role of the online environment in promoting human rights and combating discrimination, acknowledging that this space can be used both as a powerful tool for awareness and education and as a means of perpetuating existing inequalities. The solution to this global issue lies in coordinated and ongoing efforts at the individual, institutional, and societal levels.
Keywords: racial discrimination, strategy, human rights, prevention, vulnerability.


Preventing antisocial acts committed due to racial discrimination
Prevenirea faptelor antisociale săvârşite din motive de discriminare rasial

Iulia BULEA

Racial discrimination, defined as the unfair treatment of individuals or groups based on their racial or ethnic origin, can have significant effects in various domains, including the workplace, education, and society at large. The consequences of discriminatory acts include social exclusion, stigmatization, a decline in the quality of life, fear, diminished self-esteem, poverty, violence, and social disintegration. There is a close connection between discrimination and social inequality, wherein we emphasize the aspect related to disparities in access to opportunities and resources. We will address the most effective prevention strategies, highlighting the role of the online environment in promoting human rights and combating discrimination, acknowledging that this space can be used both as a powerful tool for awareness and education and as a means of perpetuating existing inequalities. The solution to this global issue lies in coordinated and ongoing efforts at the individual, institutional, and societal levels.
Keywords: racial discrimination, strategy, human rights, prevention, vulnerability.


Registration and records procedure of contraventions and contraventional causes
Procedura de înregistrare și evidență a contravențiilor și cauzelor contravenționale

Ianuș ERHAN, Stanislav REABOI

In order to prevent, combat and take effective measures against the contraventional phenomenon, it is necessary to know the statistical data, to understand the figures that describe our criminal and/or contraventional picture. At the same time, in order to generate different statistical products, the extensive process of registration and record of crimes and misdemeanors must be ensured.
The existence of a unitary and interoperable information system today allows the authorities and bodies with specific attributions for the contravention process to have the possibility of entering/extracting information in/from the system in real time, so that everyone can correctly and effectively exercise their legal duties in the field of detection and examination of contraventions.
Thus, the centralization of contraventional information in the Automated Information System for recording contraventions, contraventional causes and persons who have committed contraventions allows ensuring the efficient functioning of all state bodies and institutions, invested with the powers of ascertaining and/or solving contraventional cases, the development of their interaction, the wider use of the information collected for the purpose of preventing and countering the contraventional phenomenon.
Keywords: contravention, contraventional phenomenon, registration and records procedure, automated informational system for recording contraventions, intimation, contravention e-file.


National and ECtHR selective jurisprudence on decision-making in criminal appeals
Jurisprudenţa selectivă naţională şi a CtEDO cu privire la adoptarea deciziilor în apelul penal

Dumitru CALENDARI, Vitalie JITARIUC

The European Union promotes human rights and strives to ensure that they are respected everywhere in world. The Republic of Moldova and those responsible in the field must engage to promoting human rights. Intensification of integration and globalization processes it requires the development of legal measures on adapting the national legal system to international standards which provides for the defense of human rights and freedoms. The author presents examples of national jurisprudence and the decisions of the European Court of Human Rights against the Republic of Moldova which shows the importance of the courts complying with criminal procedural rules call. Ignoring these judgments and practices may lead to new convictions from the European Court. Attention is drawn to the need to study the errors committed and lost cases at the ECHR in order to avoid such violations in the future.
Keyword: the criminal process, court of appeal, the procedural documents, ECHR decisions, the national jurisprudence.


Operative experiment in the special investigation activity: theory and practice
Experimentul operativ în activitatea specială de investigaţii: teorie şi practică

Alexandru Pareniuc

The article includes a brief analysis of the investigation officer’s behavior and his vocation in choosing the tactic of performing the operative experiment through the prism special investigative activity. The methodology of performing the operative experiment accelerates obtaining the necessary information on criminal intent and criminal experience. With the help of the operative experiment, carried out on the basis of a thorough initial preparation, the investigating officer can establish and study certain cases, situations, phenomena, giving him the possibility to study one and the same phenomenon under different conditions, which can be repeated countless times.
Keywords: special investigation activity, operative combination, confidential collaborator, operative experiment, information, hypothesis, special investigative measures, evidence, investigating officer, verification, capitalization.


Theoretical-applicative reflections regarding the accession as a modality of obtaining the property right
Reflecții teoretico-aplicative privind accesiunea ca mod de dobândire a dreptului de proprietate

Evghenia GUGULAN, Valentina LOHIN

It is well known that nowadays people tend to own certain assets, whether they are movable or immovable assets. In most cases, these goods are purchased by people, but there are situations when these goods are acquired as property through other methods less known by society. At the moment, the legislation of the Republic of Moldova allows obtaining the right of ownership of some goods through various ways, such as occupation, usufruct or accession, the latter being the object of study of this paper.
As mentioned earlier, accession itself is only one of a multitude of ways of acquiring ownership of an asset, and this article looks at this way of acquiring ownership and explains some of the key points that can arise in this process. At the same time, the purpose of the study was to analyze the legislation regarding the acquisition of property rights by accession, after which recommendations were made regarding the completion and modification of the civil legislation in this regard.
Key words: accession, ownership, avulsions, specification, adduction, confusion, alluvium.


Energy security of the Republic of Moldova in the new international context. Risks and opportunities
Securitatea energetică a Republicii Moldova în noul context internațional. Riscuri și oportunități

Mihai MELINTEI

In the last period, the energy issue and the concept of energy security has been firmly consolidated in the political and public discussions in Chișinău, however, often used against economic opportunities. The geo-energy significance of the Republic of Moldova is determined by its position. However, since the independence of the Republic of Moldova, the energy security of the republic continues to be threatened by the transnistrian conflict. For the Republic of Moldova, which does not have primary energy resources and depends on their import, the issue of energy supply remains critical for the functioning and development of the state. Currently, the energy security, especially the gas supply of the Republic of Moldova is ensured under internationally accepted norms, and the provision of natural gas resources is made from imports. In order to increase the security of gas supply and diversify energy resources, the authorities of the Republic of Moldova propose to diversify the supply of gas, energy, and to create gas stocks in third countries for emergency situations or specific cases.
Keywords: energy; Republic of Moldova; energy security; international relations; gas; energy supply.


Regulation of child pornography in the legislation of the Republic of Moldova
Reglementarea pornografiei infantile în legislația Republicii Moldova

Efrosinia URSU

Analyzing offenses of child pornography, namely: sexual abuse and exploitation through various methods, including those within the realm of pornography and ill-treatment applied to minors, taking place worldwide, it is observed that the victimization of children remains at high levels. Therefore, child pornography consists of images, films, or written materials that explicitly depict sexual activities involving a child. These materials can be erotic (with nude children in various positions), sexual (involving the child’s genital organs or the child in various positions and moments implying sexuality), obscene (depicting sexual moments involving a child and an adult), or violent (a child depicted in a posture implying bestiality and/or rape). Child pornography is a consequence of the exploitation or sexual abuse committed against a child. It can be defined as any means of describing or promoting the sexual abuse of a child, including printing and/or audio, focused on sexual acts or the genitalia of children.
Therefore, this scientific article represents an analysis of the elements and constitutive signs of.
Keywords: child pornography, object, subject, objective side, subjective side.


Subjective elements regarding the crime of falsification of elements identification of motor vehicles (art. 276 Penal Code of the Republic of Moldova) and the reality of their establishment in the judicial practice of the Republic of Moldova
Elemente subiective vizând infracțiunea de falsificare a elementelor de identificare ale autovehiculelor (art. 276 C. pen. al rm) și realitatea stabilirii lor în practica judiciară a Republicii Moldova

Vasile CONȚESCU

The crime of falsifying the identification elements of motor vehicles is a crime in the field of transport, the judicial practice attesting multiple applicative values, resulting from the premises of the delimitation of the crime in question from other homogeneous crimes, the application of the correlation rules (competition, collision, etc.) of the crime of falsification of the identification elements of motor vehicles and other crimes of general or special incidence within the limits of the act of forgery or of the normative method of deletion, replacement or modification. Thus, the analyzed crime presupposes certain defining particularities, the knowledge of which could favor the correct application of criminal liability based on art. 276 C. pen. of RM.
Keywords: forgery, crime, motor vehicle, rules, documents, criminal liability, identification elements, subjective and objective signs, etc.


The competence of the criminal prosecution body of the National Anti-Corruption Center in the context of the latest changes to the criminal procedure codee
Competența organului de urmărire penală al Centrului Național Anticorupție în contextul ultimelor modificări ale Codului de procedură penală

Vitalie COSTIȘANU

This article is devoted to the field of competence of criminal investigation bodies and has as its object of study the competence of the criminal investigation body of the National Anticorruption Center in the light of the changes made to the Criminal Procedure Law. The purpose of this study was to determine the place and role of the National Anticorruption Center in the context of criminal prosecution bodies through the prism of the new assigned material powers.
The final conclusion is that the authority to manage the criminal investigation body of the National Anti-Corruption Center from the competence of the Anti-Corruption Prosecutor’s Office was unjustifiably transferred to the competence of the Chisinau Municipal Prosecutor’s Office. At the same time, it was found that the material competence of the criminal investigation body of the National Anticorruption Center was extended, exceeding the limits of corruption and related crimes, reaching to include categories of crimes that were previously within the competence of other criminal investigation bodies and targeting areas that they concern the economic and political security of the state. The broadening of the competence in these areas seems to have been conditioned by the realities of the moment when the Republic of Moldova was mentioned, both economically and politically, and the need to protect the state entity against new “financial excesses” on the part of political exponents similar to “Theft” Billion”.
Keywords: criminal investigation body, National Anticorruption Center, criminal investigation, jurisdiction of the criminal investigation body, substantive jurisdiction, territorial jurisdiction, criminal prosecution actions, corruption and related crimes.