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    Particularităţile şi relevanţa activităţii unor agenţii ale Uniunii Europene cu mandate în domeniul securităţii şi justiţiei: EUROPOL, EUROJUST şi Parchetul European [Articol]
    (USARB, 2024) Ţarălungă, Victoria; Gabor, Maria
    In the context of the integration process of the Republic of Moldova into the European Union, it is of particular importance to know the institutional system of this important international organization with a pronounced supranational character. Within this well-knit institutional system of the European Union, the agencies of the European Union play a particularly important role. The European Agencies, without which the institutional landscape of the European Union cannot be conceived, are distinct legal entities, established by a secondary legal act with the aim of carrying out specific tasks of a technical, scientific or management nature, which help the institutions of the European Union define and implement policies. Among the important European Union agencies with security and justice mandates are the European Union Agency for Law Enforcement Cooperation (EUROPOL), the European Union Agency for Criminal Justice Cooperation (EUROJUST) and the European Public Prosecutor's Office (EPPO) as an independent body within the European Union. The particularities and relevance of the activity of these agencies was researched in the context of this article.
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    Институт юридической помощи, гарантируемой государством - между свободным доступом к правосудию и правом на защиту: сравнительно-правовой анализ [Articol]
    (USARB, 2024) Гримайло, Неля
    Free access to justice, as well as the right to protection, are the fundamental bases of the modern legal system. The institution of state-guaranteed legal aid makes it possible to minimize the discriminatory financial aspect for the subjects of legal protection. The article presents a comparative analysis of the mechanisms of state-guaranteed legal aid in various European countries, and also formulates conclusions regarding the essence of existing restrictions and their consequences in the social and legal environment. The article presents a comparison of national and foreign legislation in terms of effectiveness, accessibility and non-discrimination of legal protection mechanisms.
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    Криминологические особенности личности преступника [Articol]
    (USARB, 2024) Файгер, Анатолие; Черноморец, Серджиу
    The detection of the signs of the subject of the crime, represents the minimum necessary signs to establish the minimum conditions necessary to bring the guilty person to criminal liability. However, these last signs are not enough to reveal its essence and „explain” its behavior. In this sense, the signs, the criminological peculiarities, which have the purpose of describing the personality of the criminal based on statistical data from recent years, but also theoretical and didactic elaborations, come into play.
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    Классификация и типология жертв преступления [Articol]
    (USARB, 2024) Файгер, Анатолие; Граур, Виолета
    The problem of identifying victims and their characteristics is the subject of victimology. There is no consensus in the doctrine about who the victim of a crime is and what his distinctive characteristics are, considered as a whole in the context of a „criminal couple”. We propose for analysis the characteristics and concept of a crime victim, examined from different points of view.
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    Temeiurile de atragere în procesul civil a autorităţilor publice pentru a pune concluzii pe cauză [Articol]
    (USARB, 2024) Crugliţchi, Tatiana
    The institution of participation in the civil process of public authorities, organizations and natural persons for the defense of the rights, freedoms and legitimate interests of other persons constitutes an additional guarantee of the realization of everyone's right to judicial defense. The main purpose of the institution of the defense of the rights of other persons in the civil process is to contribute to the judicial defense of the rights of persons who are unable to defend their rights and legitimate personal interests for reasons of health, young or advanced age or for other reasons founded. The participation of public authorities in the civil process by submitting conclusions on the case derives from their attributions, which are carried out in a certain field of public administration. Thus, the purpose of the public authorities' participation in the process to submit conclusions on the case is to fulfill their duties in order to defend the rights, freedoms and legitimate interests of other people, the state and society.
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    Dreptul la acţiune în procesul civil în interesul altor persoane [Articol]
    (USARB, 2024) Crugliţchi, Tatiana
    In accordance with the principle of the availability of rights of the participants in the process, the civil process can be started in defense of legitimate rights and interests only by the interested person – subject of the contentious material report. However, the civil process also includes disputes that, due to the nature of the disputed rights, the extent of the misunderstandings or the consequences of the reported violations, may go beyond the scope of private interest and enter the sphere of the general interest of the entire society. Also, in all cases, the legal conflict is generated by a real or alleged violation of a rule of law, and the judge is called to resolve the case in accordance with the law that governs, the subjective rights disputed by the parties. However, the law on which the subjective rights of the parties are based is an element of general interest, being derived from the will of the society established in the state.
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    Unele reflecţii asupra pedepselor penale în dreptul roman [Articol]
    (USARB, 2024) Dănoi, Ion
    Scopul lucrării este de a explora conceptul de pedeapsă în dreptul roman, care nu a fost examinat frecvent în literatura internă despre tradiţia juridică romană. Acest lucru poate fi susţinut de faptul că foarte puţini autori naţionali au studiat dreptul penal roman şi dreptul procesual penal, precum şi metodele de executare a pedepselor în dreptul roman. Unul dintre motivele cele mai importante constă cu siguranţă în faptul că principiile de bază ale tradiţiei dreptului roman sunt mai proeminente în domeniul dreptului civil. Cu toate acestea, moştenirea dreptului roman cuprinde şi dreptul penal material şi procesual roman.
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    Consideraţii privind reglementarea contractului de asigurare [Articol]
    (USARB, 2024) Cazacu, Valentin
    The present study briefly analyzes the insurance contract regulated by the Civil Code of the Republic of Moldova and other special laws. Particular aspects of the insurance contract will be outlined, including legal characters and classification. In addition, some new provisions concerning the insurance contract will be analyzed, pointing out some particular aspects concerning the legal characters and the classification.
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    Vizibilitatea sănătăţii mintale a lucrătorilor în politicile de sănătate şi ocupaţională [Articol]
    (USARB, 2024) Botnari, Elena
    There are similarities in the conceptual approach to mental health within the WHO and ILO. The WHO Conventional Framework places the onus on Member States to address mental health as an integral part of health and health policies. The ILO Conventional Framework addresses mental health as part of workers' health. The absence of coherent national occupational policies that would address occupational health, regulate workers' mental health and prevent mental disorders at work. The need for a multi-sectoral approach to workers' mental health in the workplace and the prevention of mental disorders. The creation of occupational health services in establishments, which would monitor workers' health, especially their mental health. Identify cost-effective strategies to address mental health needs and priorities at both national and establishment level.
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    К вопросу об изучении духовной реальности в марксистской философии на рубеже XIX–XX вв. [Articol]
    (USARB, 2024) Парновель, Валерий
    The article examines two developments of Marxist philosophy, „Letters on Historical Materialism” by F. Engels and the „five-fold concept” by G.V. Plekhanov, on the subject of theoretical study of spiritual reality. The peculiarity of the consideration is the contribution and ideological connection of the two developments with each other and with similar research in other directions. Such an analysis of the two developments will fill the gaps in the critical coverage of the Marxist experience of studying spiritual reality, will create the necessary conditions for understanding the theoretical process of research that is unified in the history of philosophy, and drawing up a general picture of its problems and trends.
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    Legalitatea şi oportunitatea. Condiţii obligatorii ale actului administrativ [Articol]
    (USARB, 2024) Ţurca, Ecaterina; Corcenco, Aliona, conducător şt.
    In the Republic of Moldova, the advancement of democracy, socioeconomic reforms, and integration into the global community necessitate a reimagining of public administration. The 2023-2030 public administration reform strategy represents a forward-looking initiative aimed at modernizing public administration practices. This article critically examines the objectives, action plans, and potential impacts of this strategy, identifying strengths, weaknesses, and recommendations for its improvement. By fostering transparency, efficiency, and citizen-oriented governance, the reform strategy seeks to enhance public trust in governmental institutions and ensure longterm success in achieving its goals.
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    Impunerea – instrument principal în aplicarea politicii vamale [Articol]
    (USARB, 2024) Suleac, Arina; Dănoi, Ion, conducător şt.
    Taxation is a main tool in the application of customs policy, being a process by which customs authorities impose and collect customs duties and tariffs on the import and export of goods. These taxes and tariffs are set by the country's government and are meant to protect local producers and industry against cheap or subsidized foreign products.
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    Analiza juridico-penală a infracţiunii de determinare sau înlesnire a sinuciderii [Articol]
    (USARB, 2024) Suleac, Arina; Dănoi, Ion, conducător şt.
    Suicide determination or facilitation is a highly sensitive and important topic in contemporary society, with significant impacts on mental health, individual rights and social responsibility. In the current context, this problem is approached from several perspectives, such as the protection of vulnerable people, the prevention of suicides and the responsibility of institutions and the community in this regard.
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    Asistenţa socială a persoanelor cu dizabilitate intelectuală [Articol]
    (USARB, 2024) Ştefanco, Natalia; Neagu, Gheorghe, conducător şt.
    The development of a system of qualitative social services, intervention that effectively and operatively corresponds to the needs of people with Intellectual Disability status, ensuring their rights and for their social inclusion, is one of the priority areas for the Republic of Moldova. But the current offer of social services available at the local level does not cover the needs and fails to respond usefully to the increasing vulnerability of people with intellectual and psychosocial disabilities, including in districts that have developed a wide variety of services, is the area that requires a lot of investment, be it skilled human resources or financial resources. The purpose of social assistance granted to people with Intellectual Disability status and their families, is to plan social services that respond to the needs of this group of beneficiaries, to empower these beneficiaries and to support them, so that they can provide a safe and favorable care environment.
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    Некоторые аспекты объективности механизма социальной солидарности в области социальной защиты в Республике Mолдова [Articol]
    (USARB, 2024) Присяжный, Константин; Одинокая, Инна, науч. рук.
    This article reveals such a principle as social solidarity, its subtleties and conditions. The objective assessment of the functioning of this principle on the territory of the Republic of Moldova and recommendations for adjustments and improvements are significant.
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    Шенгенское соглашение и его перспективы для Молдовы [Articol]
    (USARB, 2024) Присяжный, Константин; Гримайло, Неля, науч. рук.
    This article discusses the Schengen Agreement, its origins and development, as well as the rules for the organisation and control of visas and Moldova's prospects under this agreement. The Schengen Agreement is an agreement to facilitate passport control at the borders of Schengen participating countries. The territories that are covered by the Schengen Agreement are referred to as the Schengen area, where there is no passport control and no visa, which influences the economic and social development of the countries.
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    Гербовый сбор, как препяствие свободного доступа к правосудию в рамках гражданского процесса на территории Республики Молдова [Articol]
    (USARB, 2024) Присяжный, Константин; Думитрашку, Дмитрий, науч. рук.
    Free access to justice is a fundamental and recognised right of every person. However, this right may be subject to certain limitations, which must not restrict free access to justice in an unreasonable way. One of these limitations relates to financial obstacles to access to the court, i.e. in the payment of court costs. This article examines the issue of stamp duty as a component of court fees, which in turn creates a serious obstacle to free access to justice.
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    Уголовно-правовой анализ модернизированного простого состава преступления «Изнасилование» (ст. 171 УК РМ) в рамках Уголовного Законодательства Республики Молдова [Articol]
    (USARB, 2024) Мущински, Александр; Файгер, Анатолиe, науч. рук.; Григораш, Руслан, науч. рук.
    The article presents a detailed legal-criminal analysis of the crime of "Rape": main comments are made on the object, objective side, subject and subjective side of the analysed crime. The article reflects the important details relating to the qualification of an act as rape: it illustratively identifies significant aspects of changes in criminal law. The article also reflects some of the problematic aspects of the qualification of rape, presenting some specific examples that point to existing gaps in the provision of rape that may lead to legal collusion and suggests normative and doctrinal ways of resolving the identified problematic aspects of rape.
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    Liderul autentic: profiluri şi interpretări [Articol]
    (USARB, 2024) Şleahtiţchi, Mihail
    In specialized literature, both domestically and internationally, a special place is reserved for the issue of defining the characteristics of an authentic leader. Following investigations, specialists have managed to identify several clarifying profiles. This study briefly presents and interprets four of the most significant profiles: charismatic authority-centered profile, personality traits-centered profile, situational intervention-centered profile, transactional intervention-centered profile.
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    Проблемные аспекты принципа выборности судей как альтернативы принципа назначения судей в нюансах доверия к судебной системе: социально-правовой анализ [Articol]
    (USARB, 2024) Мущински, Александр; Думитрашку, Дмитрий, науч. рук.
    The article reveals the essence of the socio-legal problems associated with the perception of direct election of judges as an alternative to the principle of judicial appointment. The article describes in detail the important paradoxes associated with the introduction of direct election of judges, manifested in electoral, social and legal patterns. The article reflects on issues of transparency in the national judicial system, presenting a critical analysis of the mechanisms of trust management in the judicial system.