Procedura ridicării provizorii a permisului de conducere a mijloacelor de transport – cadrul normativ naţional şi garanţiile de calitate a legii procesual-penale
Procedure for temporarily lifting of the driving license – the national regulatory framework and quality guarantees of the criminal procedural law
Dinu OSTAVCIUC, Tudor OSOIANU
The article refers to the procedure for the temporary withdrawal of a driving license. The analysis of the respective procedure was performed due to the multiple practical and normative interpretations of this subject. Research has shown that there are several aspects of the quality assurance of the law regarding the application of this preventive measure. At the same time, the authors of the research highlighted the grounds and cases of temporary lifting of the driving license of the means of transport, as well as the persistent gaps in this regard. Likewise, the authors have tried to clarify the legislative and practical issues, coming up with relevant proposals in this regard.
Keywords: human rights, temporary lifting, driving license, means of transport, ordinance, request, conclusion, ascertaining authority, criminal investigation body, prosecutor, investigating judge.
Gheorghe COSTACHI, Matei LAZĂR
The article contains a brief comparative approach to an important form of citizen participation in the legislative process – the popular legislative initiative, which aims not only to emphasize the special role in the manifestation of participatory democracy, but also to elucidate such important issues as the essence, the peculiarities, the regulation it enjoys and the shortcomings that burden it and need to be remedied.
Keywords: popular initiative, legislative initiative, popular legislative initiative, right to legislative initiative, constitutional initiative, popular constitutional initiative, decision-making process, legislative process, legislative proposal.
Rustem Zagirovich AMIROV
In this research paper the author examines the legal basis of the use of military force to ensure the internal security of the Russian Empire in the 19th – early 20th centuries. The study includes the analysis the provisions of special normative legal acts regulating the procedure for conscription of troops to assist civilian authorities in ensuring public order and security. That provisions are estimated for compliance with the norms of modern national and international law.
Keywords: police, police functions, military formations, military force, public order, internal security.
Determinantele criminologice ale vandalismului
Criminological determinants of vandalism
Sofia PILAT
The issue of respecting and protecting cultural values and moral norms at the present stage has become more and more pressing for all civilized states, among them the Republic of Moldova. There is not and never has been a human community that has not promoted certain cultural and moral values. Moral and cultural education is a particularly important dimension of the human personality in a democratic society, as economic and spiritual progress depends on the degree of commitment of each in the common effort to increase the quality of life
However, we must rightly admit that, although cultural values and moral norms are promoted at a fairly high level in contemporary society, in recent decades there has been an alarming increase in the rate of their violation, seen as a form of manifestation of destructive human behavior.
Therefore, the destructive social manifestations were categorized by the representatives of the state or by certain social, professional or ethnic categories that saw their damaged interests or the destroyed goods as acts of vandalism.
Keywords: vandalism, vandalism, destruction, damage, causes, conditions, factors, circumstances, destructive behavior, self-affirmation.
Constituirea sociologiei juridice ca ştiinţă
The constitution of sociology as a science
Veaceslav GRATI, Ludmila BUCIUŞCAN
The evolution of society and the diversification of social relations at the turn of the nineteenth and twentieth centuries, marked by industrialization, professionalism and scientific and economic rationality, unprecedented social changes that have resulted in totally unknown social phenomena such as migration (including illegal) or alienation and in the intensification and expansion at the societal level of known social phenomena such as cross-border crime, poverty, exploitation, deviance, prostitution, juvenile delinquency, terrorism, crime and suicide, produced enormous eloquent changes that had profound consequences for the functioning of society and people’s lives, situation that imposed the need to know by observation, description, explanation and prediction both of the phenomena in question and of the factors, structures, institutions and social groups that determined them. Precisely in these unstable circumstances, we identify as laying the foundations for the establishment of a new science about society such as sociology which, appreciated as a self-contained discipline and a basic branch of social sciences and being influenced by profound socio-economic changes in European society, have tried to provide an answer and effective solutions to those problems that have arisen from these changes.
Keywords: social reality, sociological research, social labor, individuality, sociological opera, mechanical solidarity, social ties, scientific knowledge, organic solidarity, traditional religious ties.
Timur GAZIZOV
The article reveals the problems that arise in the course of identifying such a crime in the field of economic activity as the legalization (laundering) of money and other property obtained as a result of criminal activity by another person. Attention is focused on the lack of a uniform approach in law enforcement practice to the attribution of certain actions to legalization, as well as on the organizational problems of identifying this crime.
Keywords: legalization; proceeds from crime; detection of crimes; operational – search activities; interaction.
Irina DOMENCO
The rule of law is a fundamental, historical and widespread concept in contemporary society. The doctrinal approach of this term has preoccupied many scientific researchers from different periods of time. By this concept, at first sight we mean legal state, state of rights, state based on justice and integrity, and its detailed analysis – we intend to carry it out in the present scientific approach.
Keywords: rule of law, legal norms, integrity, independence, doctrinal references, fundamental rights and freedoms of citizens, etc.
Andrei LUNGU, Igor CARABEŢCHI
The criminal investigation of corruption offenses is important in ensuring their prevention and combating them, and the authorities appointed with the task of combating acts of corruption must act operatively and with the utmost caution in order to ensure the prosecution of those responsible and the reparation of damages. caused by the offense.
Keywords: corruption, taking bribes, giving bribes, polygraph, investigation mechanism, special research methods.
Vladislav TÎMCIUC, Eduard PUI, Vladislav GALEMBA
Level technical and forensic support enjoyed by the organs of law enforcement is at all times on everyone’s radar. Population, including the state can afford to mention about insufficient equipment with technical-criminalistic state institutions that are tasked to defend fundamental human rights and freedoms, discover, investigate and prevent crimes and misdemeanors. But no punctuate attention on creating conditions for the formation of a professional who must have abilities and skills needed to apply forensic arsenal to prevent, detect and investigate crimes.
Keyword: forensic technical assistance, crime, processes tactical, recommendation.
Ruslan IANCIU, Andrei LUNGU
The article sets out the applicable legal standards in the field of data protection, established by the European Union and the Council of Europe. It is designed to help non-data practitioners, including lawyers, judges, etc., as well as those working for other bodies who may face legal issues related to data protection.
Keywords: data protection, personal data, level of protection, personal data security policy, personal data carrier, personal data record system, consent of the subject of personal data.
Nicolae GULCEAC, Maria ARGINT, Vadim ROTARI
Starting from the major changes of the regional and international security environment, the rising of hybrid threats is very probable, the reason being the existence of a considerable military potential in the East of the Republic of Moldova, including the illegal presence of foreign military forces on the left side of the Dniester River. Strengthening the power structures and anti-constitutional security, funding them from outside sources and gearing the separatist military structures with weapons and military techniques represent a direct threat to the constitutional values of the state. The mutual bond between them and the illegal presence of foreign military troops form a military potential with a high operational capacity for intervention in order to achieve the aggressors’ goals. The necessity of contracting them, as well as Moldova’s aspirations of integrating itself in the European security infrastructure, the necessity of projecting and realizing an efficient and viable defense system that is adapted to the present situation becomes an imperative of national importance.
Keywords: hybrid war, conflict, threat, security.
Djulia USATÎI, Lilia SURUCEANU
This study was conducted in order to present the most current trends in the evolution of one of the most sensitive issues affecting the Republic of Moldova – the phenomenon of trafficking in human beings. Similarly, the investigation, prevention and combating of the criminal phenomenon focused on the contribution of anti-trafficking specialists, especially from the Center for Combating Trafficking in Persons. Also in the stated context, the study includes statistical data covering the period of 2021, as well as national, international and regional cooperation. At the same time, the factors influencing the phenomenon of trafficking in human beings are highlighted, including during the pandemic period, as well as the problems encountered in the activity phase of law enforcement bodies, with subsequent presentation and recommendations from both international and national experts.
Keywords: offense, trafficking in human beings, trafficking in children, prevention, control, victim.