Dinu OSTAVCIUC
Carrying out the criminal process within a reasonable time is a general principle and a fundamental human right. The assessment of this term takes place based on clearly defined criteria, which are analyzed in this article. It is very important to establish the starting limit of the reasonable term, as well as its final limit. Alternatively, the respective research found the non-existence of a uniform practice in this regard. At the same time, the respective article comes with practical recommendations and reference proposals regarding the resolution of the desired ambiguous interpretation in this matter and brings clarity regarding the observance, guarantee and evaluation of the reasonable term of the criminal process.
Keywords: principle, fundamental right, criterion, observance, assessment, reasonable term, criminal case, jurisprudence, procedural sanctions.
George-Marius ȚICAL, Radion COJOCARU
The legal classification of the crime of torture criminalized in art. 1661 paragraph (3) of the Criminal Code of the Republic of Moldova raises the issue of identifying the component signs described in the text of the law, especially the estimated or defining signs that are established on a case-by-case basis depending on the circumstances accompanying the criminal act. In this study, the author approaches the issue of interpreting the objective signs of the crime of torture, through the lens of the jurisprudence of the European Court formed on the interpretation of art. 3 of the European Convention on Human Rights. The study has been developed within the state program: 20.80009.1606.05 “The Quality of the Judicial Act and the Respect of the Rights of the Person in the Republic of Moldova: Interdisciplinary Research in the Context of the Implementation of the Association Agreement between the Republic of Moldova and the European Union”. Within the context of the development of European criminal law in the field of human rights, such approaches are preferred in the difficult roadmap of the Republic of Moldova for integration into the great European family.
Keywords: offence, torture, inhumane treatment, degrading treatment, ECHR jurisprudence, severe physical pain, strong mental suffering.
Constantin RUSNAC, Nicolai LEVANODOVSKI
In the content of the article, the author examined all the typical situations that the criminal investigation officer may face during the questioning of the suspect and the accused, in the case of investigating drug-related crimes.
The research does not have a general character, but is focused on the complex of questions that need to be addressed to the suspect, the accused, depending on the nature of the criminal act committed. In the same way, the subject of non-verbal behavior is treated as an integral part of the hearing.
Keywords: suspect, accused, drug, criminal investigation officer, interrogation, evidentiary procedure, means of evidence.
Boris GLAVAN
This article is devoted to the research field of special investigative activity and has as its object of study the subjects who perform this kind of activity. The purpose of this study is to determine and analyze through the lens of specialized literature and the national legal framework the issue regarding the subjects that perform the special investigative activity. In the work, different concepts of the subjects that carry out the special investigative activity are exposed and analyzed, and the author’s own visions regarding this research subject are exposed. The final conclusion, focused on the current legislative provisions of the Republic of Moldova, is that the notion of „subject of special investigative activity” is not identified with that of „subject carrying out special investigative activity” nor with that of „subject carrying out special investigative measures”, the first notion, having a broader content, includes the last ones. The only subject who carries out special investigative measures is the investigating officer.
Keywords: special investigative activity, special investigative measures, investigative officer, subjects, participants, confidant.
La théorie de l’oppression de la Moldavie (et Munténie) par la Porte Ottomane, largement partager aujourd’hui dans le monde scientifique, pourrait être fausse. Certains faits démontrent que la Moldavie (et la Munténie) a été dans des liaisons de paix et bonne entente avec la Porte Ottomane. On a existé une entente d’aide militaire entre les parties, selon laquelle la partie turc a assumé le devoir de défendre la Moldavie (et la Munténie) de tous envahisseurs, tandis que la Moldavie (et la Munténie) devait couvrir une partie des dépenses de défenses et laisser l’armé turc traverser sans entrave la Moldavie (et la Munténie) vers les points de luttes avec des autres pays. À tous autres égards (langue, croyance, économie…), chaque partie était entièrement indépendante. Cette entente a été la conséquence du pouvoir très grand des turcs et la division des pays et sociétés chrétiennes. Même si la Porte Ottomane tendait soumettre la Moldavie (et la Munténie), elle ne l’a fait ouvertement et avec la force, parce qu’elle était consciente de la grande capacité de lutte de la Moldavie (et Munténie). D’ailleurs, les turcs avait une estime sans pareille pour la bravoure et la compétence militaire des gens de la Moldavie (et Munténie), montrant un grand honneur à ceux-ci. La Moldavie (et Munténie), contrainte par la chute économique qu’elle a connu après l’ouverture de son économie, a fait une grande erreur, quand a réduit fortement son armé, ce qui a affaiblie d’une manière décisive son pouvoir de l’indépendance. Les tentatives de rompre l’entente avec les turcs était vidé de l’avenir et du sens.
Mots-clés: droit, médiéval, moldave, Moldavie, indépendance.
Dinu OSTAVCIUC
The respective article is dedicated to the analysis of the jurisprudence of the European Court of Human Rights in the matter of respecting the reasonable term for the resolution of criminal cases. Compliance with the reasonable term is a principle, but also a fundamental right of the person, guaranteed by art. 6 of the ECHR. The article also makes a comparative analysis regarding the general criteria for evaluating the speed of criminal proceedings. At the same time, the article analyzes whether the European Court establishes a standard duration for the examination of criminal cases by the Member States of the Convention, as well as the identification of the aspects that are taken into account by the Court when judging the complaints of the plaintiffs in cases of alleged violations of the term in question.
Keywords: principle, fundamental right, observance, reasonable term, criminal case, Convention, European Court, jurisprudence, procedural sanctions.
Sofia PILAT
Criminal punishment is the main means of ensuring the protection of law and order in the state, which is achieved through the use of coercive measures against those guilty of acts prohibited by law.
Guided by the provisions of art. 61 of the Criminal Code of the Republic of Moldova, by criminal punishment we understand: „The measure of state coercion applied by the courts and the means of correction and re-education of the convict, their purpose”, the purpose of which is: „restoration of social justice, correction and socialization of the convict, as well as prevention of the commission of new crimes, as convicts and others. Serving a sentence should not cause physical suffering to the convict and humiliate his human dignity”..
Keywords: criminal punishment, criminal attack, the rule of law, aggravating circumstances, vandalism, property, historical value, cultural value, religious value.
Grigore ARDELEAN
Whatever we do in a society affected by the feeling of materialism, dying, increasing the value of patrimony, and with it existential comfort, we can never be sure that we control the entire patrimonial mass, being possible to keep it intact all the time. So, there are a multitude of circumstances in which we can lose the de facto control over the goods in our ownership in different ways: open evasion, covert or dispossession by cunning methods, the claim of which is possible with the support of the coercive force of the state through the application of long-standing legal mechanisms known to jurisprudence. In the protection of the person affected by such actions, of course, the most important role belongs to the police body that can and is obliged to act with all its levers, a valid issue in the matter of ensuring the regaining of ownership of lost property.
Keywords: lost property, heritage, authorized body, police, competence, deposit, obligation, identification, information.
Concept, content and scope of copyright
Conceptul, conţinutul şi implementarea dreptului de autor
Olga TATAR, Oxana MITITELU
Intellectual property law is a sub-branch of civil law, consisting of a set of legal norms that are designed to regulate the use of various objects of intellectual property. This sub-sector includes institutions: patent law, copyright, the right to a secret of production (know-how), the right to means of individualization, etc.
Intellectual rights are rights to the results of intellectual activity and means of individualization equated to them, including the exclusive right, as well as personal non-property rights and other rights.
Exclusive right is a property right to use the results of intellectual activity or a means of individualization that allows one to dispose of the exclusive right to it.
Keywords: concept, content, copyright, civil law, patent law
Vitalie JITARIUC, Olesea BLAȘCU
The problem of drug-related crime, especially its highly organized forms, is characterized by the highest degree of relevance. The Republic of Moldova, due to its geopolitical position and the parameters of the internal drug market, is in the sphere of criminal interests of transnational criminal organizations involved in drug trafficking.
The phenomenon of transnational organized crime related to drugs was formed in the context of the globalization of the dark economy and the dominance of organized forms of criminal activity in the drug business. This type of crime is the result of a specific fusion of general criminal and economic components within a multidisciplinary drug-related criminal enterprise on an international scale. The drug smuggling has always been the integral part to the transnational drug organization. Of all the crimes related to illicit drug trafficking, drug smuggling has its place and gives an international character to drug-related criminal business, because only in the framework of drug smuggling activities do criminal structures operating on different sides of borders join forces and interact between them.
We associate criminal drug business with profit making, which not only serves the purpose of illegal enrichment of drug traffickers, but also creates the operation of a much larger and well-hidden space in the dark drug industry, recruiting new members within criminal groups and organizations, to bribe corrupt officials, to feed extremist and terrorist organizations and to launder money.
Keywords: drugs, illicit trafficking, transnational criminal organizations, criminal groups, virtual currency, illegal activity, income, money laundering, shadow economy, electronic payment systems, virtual assets, electronic wallet, cryptocurrency.
Olga TATAR
European Union legislation describes copyright in an economic point of view: “Copyright is the economic basis for the creative industry, as it stimulates innovation, creation, investment and production. Copyright is an important tool that guarantees remuneration for creative works”. Copyright in the objective sense is a set of civil law norms that regulate relations for the recognition of authorship and the protection of works of science, literature and art, the establishment of a regime for their use, the granting of non-property and property rights to their authors, the protection of the rights of authors and other copyright holders.In the subjective sense, copyright is those property and personal non-property rights that belong to persons who have created works of science, literature and art.
Keywords: legislation, copyright, civil rights, innovation, subjects and objects.