{"id":12880,"date":"2023-06-09T12:55:01","date_gmt":"2023-06-09T09:55:01","guid":{"rendered":"https:\/\/academy.police.md\/?post_type=legea_si_viata&p=12880"},"modified":"2023-07-28T00:30:17","modified_gmt":"2023-07-27T21:30:17","slug":"legea-si-viata-vol-3-2022","status":"publish","type":"legea_si_viata","link":"https:\/\/academy.police.md\/gb\/legea_si_viata\/legea-si-viata-vol-3-2022","title":{"rendered":"Legea \u0219i Via\u021ba nr.3 (2022)"},"content":{"rendered":"\n
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Legea \u0219i Via\u021ba nr.3 (2022)<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Controlul de constitu\u0163ionalitate a normelor penale incriminatorii \u015fi efectele asupra \u00eencadr\u0103rii juridice a infrac\u0163iunilor
Constitutional control of incriminating criminal norms and effects on the legal classification of crimes <\/a><\/p>\n\n\n\n

Radion COJOCARU<\/strong><\/p>\n\n\n\n

This study addresses the effects of the jurisprudence of the Constitutional Court on substantive criminal law on the legal classification of crimes. The author tried to substantiate some rules of interpretation of the texts of the incriminating norms or of the parts of these texts declared unconstitutional due to their non-compliance with the requirements prescribed by the constitutional order. First of all, this study is addressed to law students, who in the context of learning the elements of criminal law express their interest in cognition and practical application of some rules of legal framework that derive from the constitutionality control of the reference norms. At the same time, this article is one of the modest goals of the author within the framework of the state program: 20.80009.1606.05 \u201cThe Quality of Justice and Respect for Human Rights in the Republic of Moldova: Interdisciplinary Research in the Context of the Implementation of the Association Agreement Republic of Moldova – European Union\u201d. With the hope that this approach will find its applicability in the study of the Special Part of the Criminal Code, we await the observations and suggestions of the reader, being aware that our attempt to offer certain solutions in the field is a perfect approach.
Keywords: criminal offence, legal framework, penal norm, constitutional review, estimative sign, etc.<\/p>\n\n\n\n

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p_10-19<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Legalitatea procesului penal
Legality of the criminal process <\/a><\/p>\n\n\n\n

Dinu OSTAVCIUC<\/strong><\/p>\n\n\n\n

The subject investigated in the article is one of overwhelming importance, impossible to underestimate. In the following lines I will analyse the role of international and national law and practice regarding the application and observance of the principle of legality, the role of the Constitutional Court, the effect of the explanatory judgments of the Plenum of the Supreme Court of Justice on the prosecution and trial of criminal cases, the role and effects of the resolutions of the European Court of Human Rights and the decisions of the Criminal College of the Supreme Court of Justice on the investigation of crimes.
Keywords: the principle of legality, pre-eminence of law, clarity, predictability and accessibility of the law, supremacy of the law, stages, penalties.<\/p>\n\n\n\n

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p_20-35<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Taxe pe Valoarea Ad\u0103ugat\u0103 (TVA) \u00een practica juridic\u0103 a Cur\u021bii Europene de Justi\u0163ie
Value Added Tax (VAT) in the legal practice of the European Court of Justice <\/a><\/p>\n\n\n\n

Alexandru ARMEANIC<\/strong><\/p>\n\n\n\n

The issue of the European Court of Justice\u2019s reflection on judicial practice will be analyzed in the light of decisions that establish European practice in this tax compartment, with reference to the EU\u2019s most important revenue such as the Value Added Tax. At the time of the entry into force of the Rome Tax Convention on Circulation Tax applied in the Member States, there are different tax rates, procedural differences and the structure of the tax. The European Court\u2019s comments as well as other rulings in which the Court embodies or completes VAT legislation forms an integral part of the legal basis governing VAT because they contain provisions which determine the mechanism for implementing the directives. The decisions of the European Court have become a source of law and a component part of the legal mechanism for the harmonization of legislation governing indirect taxes in the Member States of the European Union. In our research, we will present a few examples of judicial practice, demonstrating the degree of influence of the European Court in the formation of some legal institutions of the species, as well as European tax law in general.
Keywords: Value Added Tax, European Court of Justice rulings, European judicial practice in the field of taxation, interpretation of legal norms.<\/p>\n\n\n\n

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p_36-42<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Aspecte ale evolu\u021biei institu\u021biei succesiunii \u00een dreptul rom\u00e2n vechi
Evolution aspects of the institution of succession in old romanian law <\/a><\/p>\n\n\n\n

Liliana CREANG\u0102<\/strong><\/p>\n\n\n\n

In old Romanian law, the transfer of goods was done by legal and testamentary means. According to the legal inheritances, the legitimate and adopted children, both boys and girls, had an equal succession vocation of the property of their deceased parents. Natural children only succeeded in inheriting their own mother. Representation of the successors who died before the opening of the succession was allowed by their descendants. The stepchild had the same inheritance rights as the legitimate one, only in the succession of the good parent. Succession debts were passing to the heirs, the testamentary inheritance being opened on the basis of the oral or written will. Both oral and written wills were made in the presence of witnesses. Parents could disinherit their children if they were willing to do so.
Keywords: succession, testator, descendants, ascendants, peasant community<\/p>\n\n\n\n

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p_43-47<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Studiu cu privire la \u00eencheierea contractului individual de munc\u0103a conduc\u0103torilor auto transport rutier de m\u0103rfuri \u2013 cod cor 833201
Study regarding the conclusion of the individual employmentcontract of drivers car road transport of goods \u2013 cor code 833201 <\/a><\/p>\n\n\n\n

Nicolae RO\u0218, Minodora-Roxana ILIE\u0218<\/strong><\/p>\n\n\n\n

The main reasons why I found this topic at least interesting are regarding the changes in the legislation in the individual employment contract of a road haulage driver, due to:
The mobility package together with the related legislation is an absolute novelty, bringing quite important changes that change the rules of the game in transport. Moreover, we are talking about very complex legislation that is adapted to the specific needs of carriers and last but not least, I have to mention the strong emotional impact that it had, in a context that created some emotions, not to We speak here and why it has happened in recent years from the perspective of the Romanian tax authorities, who have had a rather aggressive approach to carriers through all the controls that have taken place, all this has taken place in -a dynamic context which has certainly added difficulties in this area as well.
We can talk about, significant increases, first of all regarding the indemnities to be granted to drivers, of costs from the perspective of RCA, from the perspective of fuel, so that the transport industry thus becoming one of great interest and strongly influenced lately.
Keyword: mobility package, transport, road transport driver, cross-border detachment, cabotage<\/p>\n\n\n\n

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p_48-55<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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O privire asupra criminalit\u0103\u021bii politice
Un regard sur la criminalit\u00e9 politique <\/a><\/p>\n\n\n\n

Octavian BEJAN<\/strong><\/p>\n\n\n\n

La criminalit\u00e9 politique est peu recherch\u00e9e du c\u00f4t\u00e9 criminologique, m\u00eame si elle a une grande signification sociale. Pour mieux conna\u00eetre la criminalit\u00e9 politique, nous avons utilis\u00e9 une nouvelle vision sur la d\u00e9mocratie, ainsi que la m\u00e9thode de l\u2019observation, la m\u00e9thode de l\u2019analyse de contenu, la m\u00e9thode de documentation, la m\u00e9thode statistique et la m\u00e9thode de la construction abstraite. Criminalit\u00e9 politique est un sous-type de la criminalit\u00e9 de cols blancs et est fortement li\u00e9 \u00e0 la corruption. Il semble que la criminalit\u00e9 politique fasse un grand nombre de victimes. Nous pouvons dire qu\u2019elle est un des plus dangereux type de criminalit\u00e9. En ce qui concerne la pr\u00e9vention r\u00e9pressive de la criminalit\u00e9 politique, les dispositions normatifs qui existent, peu nombreuses d\u2019ailleurs, ne sont pas utilis\u00e9es pleinement. Pour pr\u00e9venir, il est n\u00e9cessaire de modifier la vision actuelle sur la d\u00e9mocratie et, par cons\u00e9quent, une s\u00e9rie de dispositions de la constitution. Selon notre opinion, un nouveau regard scientifique sur les droits naturels de l\u2019homme est n\u00e9cessaire.
Mots-cl\u00e9s : crime, criminalit\u00e9, criminalit\u00e9 politique, criminalit\u00e9 en col blanc.<\/p>\n\n\n\n

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p_56-65<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Creation and functioning of a project team in projects in the field of security and defence of the Polish state for public administration
Crearea \u0219i func\u021bionarea unei echipe de proiect \u00een proiecte din domeniul securitatii \u0219i ap\u0103r\u0103rii statului polonez pentru administra\u021bia public\u0103 <\/a><\/p>\n\n\n\n

Ewa KUCZY\u0143SKA<\/strong><\/p>\n\n\n\n

One of the most important elements determining the success of a project is formation and functioning of the project team responsible for its implementation and reporting on the performance of the project, in accordance with the application form, the project financing agreement and relevant regulations, guidelines concerning the given fund, under which the project received financial support. The following paper will present the organisational aspect of building a project team in projects implemented for public administration, including the special role of a project manager as a person who manages the project team, takes responsibility for implementation of the project, including the achievement of the assumed objectives and results. Individual members of the team, responsible for e.g. financial settlement, promotion, substantive project activities (research, development, analysis and others), legal aspects or the application of public procurement law, are also of great importance for the success of the project. Efficient project implementation and its success or failure to a large extent depends on their work. Therefore, proper selection of people making up the project team, taking care of their development, rules of cooperation, motivating, solving conflicts or problems becomes an important task. It is also important to choose the right project manager, who is the key and leading figure in the whole project management process and under whose guidance the individual project team members work. The creation of an optimal team by the project manager is a very important task, because it is with this team that the manager will work until the project is completed. Effective teamwork is the key to the success of any project.
Key words: project, project management, team, public administration, leader.<\/p>\n\n\n\n

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p_66-77<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Constitu\u021bia \u2013 un parcurs de la idee p\u00e2n\u0103 la pilon al democra\u021biei
Constitution \u2013 a progression from idea to pillar of democracy <\/a><\/p>\n\n\n\n

Tatiana DABIJA<\/strong><\/p>\n\n\n\n

In the current language it is referred to the constitution, as that of the human being or that of matter, in the specialized literature was demonstrated that \u201cif we carry this notion in the field of social sciences, we will easily find that each group, starting from the moment in which differentiates itself, it possesses a determined organization, that is, a constitution\u201d [23, p.81].
Depending on the political conceptions and interests that came into collision over the past two centuries, the scope and content of the notion of \u201cconstitution\u201d has undergone mutations, sometimes essential, so that characteristic features, initially considered inherent to it, have ceased to be considered later. On the other hand, even the procedural means by which the norms are established, forming in their entirety, the constitution, differ in time and space, which makes any definition based on a formal criterion (i.e. on the consideration of the procedure of their adoption) to risk, not to cover the whole reality of the comparative law. For this reason, a correct understanding of the notion of constitution is possible only by its placement in the context of the historical development of its sphere and content.
The word \u201cconstitution\u201d comes from Latin, in which \u201cconstitution\u201d means \u201cwell-founded settlement\u201d, \u201cthe state of a thing\u201d [10, p. 45].
Keywords: Control of constitutionality of laws, Constitution, supremacy of constitution.<\/p>\n\n\n\n

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p_78-87<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Tragerea la r\u0103spundere penal\u0103 \u0219i starea de ebrietate ca circumstan\u0163\u0103 atenuant\u0103 sau agravant\u0103 \u00een codul penal al Rom\u00e2niei \u015fi cel al Republicii Moldova
Criminal liability and drunkenness as an attenuating or aggravating circumstance in the Criminal Code of Romania and that of the Republic of Moldova <\/a><\/p>\n\n\n\n

Constantin BUJOR, Alexandru MARI\u021a<\/strong><\/p>\n\n\n\n

With the individualization of punishments, mitigating or aggravating circumstances also have a great importance. There are various circumstances, which do not depend on the achievement of the legal content of the offense in its basic form. Circumstances – both attenuating and aggravating – refer to deed or perpetrator, influencing the degree of concrete social danger of the act, aggravating or attenuating the original responsibility of the perpetrator. The court will only have to take into account those circumstances or facts that lead to a significant reduction or increase in the degree of concrete danger of the act as a whole and not taken alone.
Depending on the offenses in which the circumstances have effects are: general and special. The general ones extend to all crimes and are provided in the general part of the Criminal Code. The special ones are provided in the special part of the Criminal Code or in special laws and apply only to a crime (for example, the number of victims makes the murder particularly serious, the time or place of the theft attracts its aggravation, the particularly serious consequences aggravate deed). Where the same circumstance is provided for both as a general circumstance and as a special circumstance, the special circumstance shall apply.
Keywords: alcoholism, mitigating circumstance, aggravating circumstance, legal and judicial circumstance, alcoholism, drug addiction, drug addiction, pathology, mental disorder, etc.<\/p>\n\n\n\n

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p_88-102<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Circumstan\u0163ele agravante \u00een cazul uciderii so\u0163ului, so\u0163iei sau a unei rude apropiate sau asupra unui membru de familie \u00een codul penal al Republicii Moldova \u015fi \u00een cel al Rom\u00e2niei
Aggravating circumstances in case of murder of a spouse, a close relative or a family member in the Criminal Code of the Republic of Moldova and in that of Romania <\/a><\/p>\n\n\n\n

Mihai MIZDRAN, Alexandru MARI\u021a<\/strong><\/p>\n\n\n\n

Circumstances in which a criminal offense has been committed have not always been given due weight. In various legal systems, they have been and continue to be viewed according to the interest given to the notion of crime, the criteria for establishing guilt and the aims pursued for the application of the punishment.
In our criminal law system, the offender is not investigated in isolation from the act committed and vice versa. The subjective and objective traits that characterize the crime influence each other. In order to establish with more certainty the degree of social danger posed by the perpetrator and the act committed, it is necessary to take into account not only the features that necessarily characterize the content of the crime, but also the other circumstances before, concomitant and after the crime. . That is why a punishment cannot be properly individualized without a thorough analysis of the circumstances in which the crime was committed. Only in view of the diversity of these circumstances can it be justified why in one case the conditional suspension of the execution of the sentence was applied, and in another this measure was not taken, why a punishment was applied to an offender and not another.
As has already been shown, some circumstances are provided as traits which characterize the very content of the offense, most often giving the deed an aggravated form; others are provided by law as aggravating circumstances; other circumstances may be considered by the court as aggravating circumstances. Judicial practice and criminal law do not distinguish between the circumstances expressly provided by law and the circumstances considered as such by the court, in terms of legal consequences.
Of course, not every circumstance can be considered an aggravating circumstance. From the multitude of circumstances in which a crime has been committed, only those that are able to significantly increase the degree of social danger of the perpetrator or of the committed deed will be able to constitute circumstances.
Key-words: murder of a husband, wife, murder of a close relative, murder of a family member, aggravating circumstances, conflicting families, delinquency, deviance, crime.<\/p>\n\n\n\n

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p_103-115<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Delimitarea divulg\u0103rii secretului de stat de infrac\u021biunea privind pierderea documentelor ce con\u0163in secrete de stat
Delimitation of infraction on the disclosure of state classified information on the crime of loss documents containing state secrets <\/a><\/p>\n\n\n\n

Alexandru GAINA<\/strong><\/p>\n\n\n\n

In the process of carrying out the complete legal-criminal analysis of the deed, it is important that the examined crime be delimited by other similar crimes, but not only the description of the structural elements of the crime composition.
At the same time, the problem of delimiting the components of the crime from other similar facts is an important one both for the theoretical aspects and for the judicial practice in this field.
The correct application of the juridical-criminal norm that regulates a prejudicial deed, committed with guilt and provided by the criminal law, naturally presupposes the performance of a comparative study of other types of crimes with similar components.
This article has been used to delimit the disclosure of state secrets from the crime of loss of documents containing state secrets, crimes that would have some objective and subjective elements, apparently similar.
Keywords: state classified information, disclosure of state classified information, loss of documents, damage, serious consequences, state interests, national security, defense of the country.<\/p>\n\n\n\n

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p_116-121<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Evaluarea standardelor de calitate ale normei incriminatorii prev\u0103zute de art.285 din Codul Penal al Republicii Moldova (dezordini \u00een mas\u0103)
Assessment of the quality standards of the criminal rule provided for in art.285 of the Criminal Code of the Republic of Moldova (mass disorders) <\/a><\/p>\n\n\n\n

Ana-Maria CHEPESTRU<\/strong><\/p>\n\n\n\n

In order to ensure a compliance with the principles of European justice, it is appropriate to take into account the quality standards of the rules of law. In the light of these principles, respecting the fundamental human rights and freedoms has become a key criterion in assessing the level of democracy in European states. In the legal system of the Republic of Moldova, a current and major issue is the national security and the rule of law of the state. From the point of view of criminal law, an attack on the phenomenon in question can be described as \u201emass disorder\u201d. It is highlighted that this research is a comprehensive study on quality standards in relation to the crime of mass disorder provided in Article 285 of the Criminal Code of the Republic of Moldova.
This article was developed as a result of the study of the Previous ECHR discipline in the field of criminal law, taught at the Doctoral School \u201cCriminal Sciences and Public Law\u201d of the Academy \u201cStefan cel Mare\u201d of the MIA of the Republic of Moldova. The aim is also to disseminate the scientific results obtained as a result of the Project 20.80009.1606.05 \u2013 \u201cThe Quality of Justice and Respect for Human Rights in the Republic of Moldova: Interdisciplinary Research in the Context of the Implementation of the Association Agreement Republic of Moldova – European Union\u201d (QJRHRRM), the reviewer of the present study being a participant of the respective project.
Keywords: principles, quality standards, fundamental human rights and freedoms, national security, mass disorder etc.<\/p>\n\n\n\n

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p_122-130<\/a>Descarc\u0103<\/a><\/div>\n\n\n\n
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Controlul de constitu\u0163ionalitate a normelor penale incriminatorii \u015fi efectele asupra \u00eencadr\u0103rii juridice a infrac\u0163iunilorConstitutional control of incriminating criminal norms and effects on the legal classification of crimes Radion COJOCARU This […]<\/p>\n","protected":false},"featured_media":0,"menu_order":0,"template":"","meta":[],"translation":{"provider":"WPGlobus","version":"2.12.2","language":"gb","enabled_languages":["ro","gb"],"languages":{"ro":{"title":true,"content":true,"excerpt":false},"gb":{"title":false,"content":false,"excerpt":false}}},"acf":[],"_links":{"self":[{"href":"https:\/\/academy.police.md\/gb\/wp-json\/wp\/v2\/legea_si_viata\/12880"}],"collection":[{"href":"https:\/\/academy.police.md\/gb\/wp-json\/wp\/v2\/legea_si_viata"}],"about":[{"href":"https:\/\/academy.police.md\/gb\/wp-json\/wp\/v2\/types\/legea_si_viata"}],"wp:attachment":[{"href":"https:\/\/academy.police.md\/gb\/wp-json\/wp\/v2\/media?parent=12880"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}