Pavel MORARU
During the 1930s in several countries of the world, dictatorial regimes were established. At the same time, international relations began to tense up. In Romania, the rise of right-wing extremism had determined King Carol the Second to establish an authoritarian regime. It was a result of the coup d’état on the night of February 10-11 in 1938. Afterwards the royal decree no. 856 has been issued, which had established a curfew to restrict citizens’ freedom and rights. Soon after, on February 24 followed the adoption of the new Constitution in a plebiscite. It was an unconstitutional situation. The new Constitution, which was valid for almost two and a half years, established the authoritarian nature of the new political regime. The King held both legislative and executive power. Separately, through an administrative organization law (entered into force on August 14, 1938), was carried out a new territorial-administrative division of Romania. It was the last division from the interwar period. The authoritarian character of the regime was reflected also in the new law, so that a Royal Resident controlled the ten regions, into which Romania was divided.
Keywords: Constitution, Romania, Carol the Second, territorial-administrative reform, authoritarian regime.
Ion POSTU, Svetlana GHEORGHIEVA
This research examines the current issues of implementing distance education and information technology in the penitentiary system. The legislative provisions governing inmates’ access to educational and information resources are analyzed and the challenges faced by both inmates and institutions in implementing distance education programs are discussed. The article emphasizes the importance of ensuring equal access to education and information technologies for all inmates and offers practical solutions to improve current educational practices in the penitentiary system. The conclusion discusses the prospects for the development of distance education and the use of information technologies in penitentiary institutions in order to improve their effectiveness and safety, as well as to prepare inmates for successful reintegration into society after serving their sentences.
Keywords: distance education, information technology, penitentiary system, legislative provisions, equal access, reintegration, effectiveness.
Simion CARP, Dianu GORDILĂ
In the article, the authors undertake a research in order to elucidate the causes and circumstances of leaving the battlefield by Russian soldiers, who deserted en masse from the Soviet Army during the Second World War and went over to the side of the enemy. Thus, it is mentioned that in the year 1941 many soldiers were in the prime of life among those who suffered as a result of the Bolshevik revolution of 1917, the fight against kulaks, the сossacks as well as other repressions, so it is not surprising that many Soviet soldiers passed on the side of the enemy.
Moreover, during more than two decades there was also an extensive purge process within the Soviet Army with the aim of eliminating soldiers disloyal to the regime. In this regard, the cases of desertion, complicity in desertion and instigation to desertion committed by ethnic Russians enlisted in the Soviet Army are presented. Among them, there were self-mutilated soldiers and others who faked illnesses to avoid mobilization and military service during the war. They used such methods to avoid going to the front. Under these conditions, representatives of various peoples of the USSR, including Bessarabians, were enlisted to replace Russian deserters in the Soviet Army. Therefore, the truth is that Russian soldiers were committing crimes on the territory of Bessarabia and Romania while many of our compatriots were fighting on the fronts of the Second World War.
Keywords: Soviet Army, communist totalitarian regime, the Second World War, desertion, military crimes, Order no. 227.
Marcel BOŞCANEANU
In the present scientific study, the broad spectrum of economic criminality on economic relations is analyzed, where there is an introduction of concrete facts and processes related to this criminality, which actually represents the global phenomenon of our days and has significant devastating effects on the economy, society and not lastly, on trust in the legal system. Thus, we find that economic crime represents, today, a rather serious problem for society, state organs, which has various forms and is increasingly complex, sophisticated in the digital age. The study contains elements about crime in the Republic of Moldova and identifies the factors that have an impact on economic and financial crime.
The purpose of this study is to contribute to the researchers’ discussion on current economic problems and to highlight responsibility in the management of companies. We believe that the contribution of this study for theory and practice is to highlight the unwanted social phenomenon with not only a national but also an international dimension.
Keywords: criminality, economic crimes, economic crime, economic-financial relations, financial and fiscal legislation, entrepreneurs, economic agents, business.
Drepturile refugiaților și securitatea națională
Refugees` rights and national security
Andreea Nicoleta DRAGOMIR
The paper aims to analyze the rights of refugees in the context of the Universal Declaration of Human Rights and highlight the importance of respecting the fundamental rights of these vulnerable people. Among the protected rights is the right to asylum, which gives people persecuted or with a credible fear of persecution the right to seek and receive asylum in other countries. The Geneva Convention and its Protocol establish international norms regarding the granting of asylum, including the principles of non-refoulement and non-discrimination.
Refugees enjoy rights similar to other residents of the country of asylum, including access to education, employment opportunities and medical services, and the granting of asylum is an international obligation. Humanitarian crises, armed conflicts and climate change contribute to the increase in the number of refugees, imposing the need for strengthened international cooperation to address the origins of forced migration. The rights to life, liberty and personal security, the right to education as well as the right to participate in public life, are essential in ensuring the integrity and security of refugees. The right to a decent standard of living, covering health, well-being, education and livelihood opportunities, is also crucial and involves promoting inclusion and eliminating discrimination.
International best practices include effective integration policies adopted by countries such as Canada, Sweden, Germany and Norway. These countries combine support for refugees with strict screening procedures and extensive integration programs, including access to education and vocational training.
Keywords: refugees, rights, asylum, forced migration, Universal Declaration of Human Rights, The Geneva Convention.
Liliana CREANGĂ, Mariana GOLOVATII
One of the features of the labor reforms is the increase in replacement rates and the duration of benefits, as well as the expansion of the conditions for obtaining rights that obviously require additional expenditure. In insurance-type schemes, employees and companies contribute directly to the funding of benefits. Such contributions are generally considered to be very similar to paying taxes and a wider coverage of benefits requiring higher contributions could lead to the creation of fewer jobs. These reforms are, however, expected to allow the labor market and the economy to improve their functioning in the medium term, helping to generate higher tax revenues from labor income, albeit with diminishing returns on the amount spent on unemployment benefits and activation measures.
Keywords: labor policies, social policies, employees, employers, social progress.
Sofia PILAT, Artiom PILAT
This article is dedicated to the analysis of the role and importance of the argument of procedural acts in criminal proceedings. The article highlights the importance of persuasive argumentation and motivation of procedural acts in each phase of the criminal proceedings.
Argumentation is seen as a prerequisite for a fair and legal trial and therefore contributes to the transparency of justice.
Any procedural act issued in the course of criminal proceedings in each particular case should be a logically and structurally sound act containing a full analysis of the legal position of the person issuing it as well as an assessment of the existing evidence.
Therefore, the reasoning, in itself, contributes to the validation of any act issued in the framework of the criminal proceedings considered as a whole.
Keywords: argumentation, logic, induction, deduction, reasoning, persuasive, procedural act, reasoning, thinking, position.
Iustin-Florin VANCEA
Although military attaches have served as ―soldier diplomats for centuries, very few publications exist that discuss the roles they have played in shaping or promoting intrenal and foreign policy or the impacts they have had in the development of diplomatic relations. Military attachés can best be described as military officers assigned to embassies around the world as representatives of their national Defense Ministries.
Also, in the study of international relations and those of diplomatic law, the position of the military attaché has been the object of relatively little attention, studies on his position in domestic and international law, being practically non-existent. Meanwhile, the increase in military cooperation around the world and the development of military diplomacy have led to a multifold increase in the number of military, naval and air attachés deployed in diplomatic missions around the world, which has led to situations where legal uncertainty may arise regarding to the general status of a military attaché as a diplomatic agent or to the understanding of his diplomatic immunity.
Keywords: Embassy, Legation, military attache, military diplomacy, international law, diplomatic immunities.
Andrei LUNGU, Ludmila ZGHIBARȚĂ
The article addresses the adoption of polygraph technology and psychological methods in the penal system, highlighting them as effective and human rights-respecting strategies, in accordance with international standards. This approach is aligned with the principles established in international treaties such as the International Covenant on Civil and Political Rights (1966) and the UN Convention against Torture, supported by the majority of OSCE member states, including the Republic of Moldova. The article explores the potential of the polygraph as an instrument for assessing truthfulness and detailed psychological techniques in providing a deepened perspective on delinquent behavior. This integration aims to promote personalized strategies for preventing recidivism and effective rehabilitation, thus contributing to a more humane and efficient criminal justice system. Additionally, the article emphasizes the importance of complying with ethical and practical principles in applying these methods in the penal environment, highlighting their role in improving the safety and efficiency of the system, in harmony with international commitments on human rights and violence prevention.
Keywords: polygraph technology, psychological methods, human rights, recidivism, rehabilitation.
Elena-Ana DUDA
This article is based on the legal-criminal substantiation of the qualification of the crime provided for by art. 200 paragraph (1) of the Criminal Code of Romania, as a mitigated form of the crime of murder. From the study of the doctrine it emerged that the contemporary legislator admitted social criteria that affected the process of giving birth to an unwanted child, physical and mental disorders could manifest themselves with such intensity that they could lead to the exercise of harmful acts with violence on the body of the newborn, followed by of his death.
Keywords: murder, newborn, mother, author, instigation, complicity, harmful actions, legal protection, punishment.
Corneliu RADU
The EU experience of border management is considered imperative for implementation at the borders of the Republic of Moldova. This scientific article represents an analysis of the main conceptual and practical approaches to EU border management that have an impact on the elaboration and promotion of the national Moldovan border management policy.
Keywords: state border, border concept, integrated border management, international relations, border functions, border operation, border security.
Alexandru CEBAN
The subject researched in the article is one of major importance and extremely current in the context of Law no. 246 of 31.07.2023 regarding the modification of some normative acts (modification of the normative framework related to the reform of the Supreme Court of Justice), through which a series of significant changes were made to the CPC of the Republic of Moldova, some even conceptual, which will have strong repercussions on the powers of the Supreme Court of Justice against the civil decisions given on appeal and implicitly the role of the supreme court in standardizing and consolidating judicial practice, impossible to underestimate even in the context of the European course of our country. In the light of the new changes, the „red thread” in the entire normative framework related to the reform of the Supreme Court of Justice is its transformation into a true court of cassation, and considering that the judicial practice at the time of the study is lacking, special attention was paid to the attempt to anticipate the possible problems that practitioners will encounter, and of course avoiding these situations with the identification of solutions.
Keywords: appeal, the grounds of the appeal, the powers of the court of appeal, supreme court, uniform practice.
Alexandru NEGOIȚĂ
The good development of the national criminal legislation and the adaptation to the European Union acquis must be understood on the basis of thorough knowledge of the crimes and the practical tendencies of their commission. Criminal approach perspective of a crime is completed through the lens of legal-criminal analysis, focused on the idea of deciphering and interpreting the objective and subjective signs described by the legislator in the criminal law. The object of study of this article is the crime of robbery criminalized in art. 188 of the Republic of Moldova, in which the author mainly investigates the capacity of the incriminating frame by reporting the factual situations that accompany the tangible element of the robbery. Being animated by the prospect of perfecting the national criminal norms to the national and international practical realities, which mark the seriousness of the criminal acts, the author founded the idea of the „night time” provision as circumstance to aggravate the criminal liability for the crime incriminated in the art. 188 CC of the Republic of Moldova.
Keywords: crime, criminal punishment, composition of crime, robbery, night time, aggravated form.