scholarly journals Persons who can be criminally liable for handling an event and for arrangement bets

Author(s):  
Gheorghe Renita ◽  

In the Republic of Moldova, individuals and legal entities, respectively, can be held criminally liable for handling an event and for arranged bets. It was found that the subject of the offense of arranged betting has the special quality of a person who knows with certainty about the existence of an agreement regarding the cheating of the betting event. It is also not excluded that the organizer of the arranged bet may be the organizer of the bet. In fact, these games of chance can only work and be maintained if the majority of those who bet, lose more than they win. Last but not least, it has been established that those who commit harmful acts in cyberspace, who are liable to criminal liability for handling an event and for arranged bets (and not only), cannot remain incognito. They need to be identified and differentiated from justice.

2021 ◽  
pp. 136-143
Author(s):  
Ion Cojocari ◽  

The fight against trafficking of migrants is a common international concern that ensures the protection of the rights not to be subjected to slavery and conditions similar to slavery. This article deals with the subject of the crime of organizing illegal migration. Particular attention is paid to the status of the migrant, who under certain conditions can be considered the subject of the crime under consideration. In the Republic of Moldova, the trafficking of migrants is protected by the crime of “organizing illegal migration”. Paragraph 4 of Article 3621 of the Criminal Code, exonerates the migrant from criminal liability for the act prejudicial to the organization of illegal migration. However, the issue arises when the migrant is the object of the crime within the meaning of the Protocol against Trafficking of Migrants. The article analyzes the special quality of the subject of the crime and of the beneficiaries of international humanitarian protection. In the author’s opinion, there are many questions that need to be elucidated, such as: who is the subject of the crime? How old is he/she? What is the special subject of the crime, and what are the conditions when the migrant can be prosecuted? In the author’s view, in order to avoid violations of migrants’ rights, the Moldovan legislature must strengthen its position on the protection of migrants’ rights so that the national criminal law (which responsibly ensures the protection of migrants’ rights) complies with the Additional Protocol on Trafficking of Migrants, having as material object the migrant’s body (material object).


2020 ◽  
Vol 12 ◽  
pp. 70-77
Author(s):  
Aleksandr V. Fedorov ◽  

The article is devoted to the issues of criminal liability of legal entities in the Republic of Estonia, established by the Penitentiary Code of the Republic of Estonia in 2001. It is noted that the model of criminal liability is implemented in Estonian legislation, in which a legal entity is recognized as the subject of a guilty act. At the same time, only legal entities of private law can be held criminally liable, while the law does not provide for the prosecution of public legal entities. It is indicated that a legal entity is liable in the event of committing guilty acts (crimes and misconduct) in the interests of the relevant legal entity by its body, a member of this body, a senior employee or a competent representative. The main and additional types of criminal penalties for legal entities are considered.


2021 ◽  
Vol 2021 (2021) ◽  
pp. 75-85
Author(s):  
Gheorghe RENIŢĂ ◽  

A person who encourages, instructs or influences a participant in a sporting event or betting event to engage in conduct that would vitiate that event, in order to obtain goods, services, privileges or benefits in any form that are not due to him, for himself or for another person, will be criminally liable in accordance with art. 2421 of the Criminal Code of the Republic of Moldova. Instead, if the participant in a sporting or betting event will not fulfil the obligation in question and will adopt the conduct required by the subject of the crime provided in art. 2421 of the Criminal Code of the Republic of Moldova, then he can be held disciplinary / contractual liability both for non-reporting and for his behavior contrary to the principle of fair play in the event, but not to criminal liability. In this article, the author argues the need to criminalize the act of participating in a sporting / betting event to partially or completely eliminate the unpredictability of the event in which it evolves, taking into account the principle of ultima ratio.


Author(s):  
Nicolae Boboc ◽  
◽  
Valentina Munteanu ◽  

The high degree of land use in the Republic of Moldova as a whole, and the Cogâlnic river basin in particular, imposes the need to assess the quality of the environment and the characteristics of the anthropogenic pressure on the landscapes in temporal and spatial dynamics and to identifying an adequate of measure system for the purpose to maintain/restore the optimal structure and functioning of landscape systems. Based from the Land Cadastre on data, statistical data of population censuses, bibliographic and cartographic sources, a system, was appraised a system of indicators(of naturalness, of artificialization of landscapes, environmental changes) and quantified human pressure on the environment through agriculture and anthropogenic pressure on forest landscapes from the Cogâlnic catchment area. The values of the indices and the human pressure on the landscapes were processed using GIS techniques and elaborated cartographic models.


Author(s):  
Serafim Florea ◽  

There are over 300 high schools in the Republic of Moldova, most of which do not have 10-12th parallel classes, many of which also lead to the lack of qualified teachers in some subjects, which has a negative impact on the quality of students education. The optimization of the high school network can be achieved by keeping only about 100 of their existing number, planning them in new type institutions: district high-schools, boarding schools and mixed high schools of both these categories.


2021 ◽  
Author(s):  
Nadejda Cara ◽  

The article presents some research approaches to the fairy-tale folklore of Bulgarians from the Republic of Moldova. According to the author, the fairy-tales texts of Bulgarians from the Republic of Moldova, their semantic, symbolic, and structural features should be researched as a local (regional) variant of Bulgarian folklore. Identification of ethnocultural markers in the fairy-tales of local Bulgarians on some different levels (such as on the subject, ethno-social and spiritual (church-religious) level) will allow to identify some peculiarities in the adaptation process of Bulgarians that migrated to a new ethnocultural zone, as well as to identify the level of preservation of basic ethnic mentality under the conditions of new “mental environment”. Thus, the study of regional ethnic culture is an interdisciplinary research, which allows discovering how localization in time and space affects ethnic culture, in general, and oral folk art, in particular.


2018 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  

The article is dedicated to the review of the laws of the Republic of Macedonia (the Former Yugoslav Republic of Macedonia) on criminal liability of legal entities established in 2004 by introduction of amendments and supplements to the Criminal Code of the Republic of Macedonia. The article analyzes legal resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of legal entities which can be brought to criminal liability; focuses on the fact that legal entities in the Republic of Macedonia may not be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws, rather for the acts which are specifically addressed in the articles of the Special Part of the Criminal Code of the Republic of Macedonia or other criminal laws. The author reviews such types of criminal sanctions applicable to legal entities as a fine, legal entity liquidation, forfeiture and sentence publication; notes the circumstances taken into account at punishment imposition and conditions for release from punishment as well as criminal and procedural peculiarities of bringing legal entities to liability including indication of broad discretionary powers of a prosecutor in solution of issues on bringing legal entities to criminal liability.


2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  

The article is dedicated to review of the laws of the Republic of Slovenia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 1999 and the Criminal Code of the Republic of Slovenia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of persons, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Slovenia for a limited number of acts (crimes) defined by the law; considers criminal sanctions applicable to legal entities: fi ne, forfeiture of property, legal entity liquidation, prohibition to place securities held by a legal entity; reviews the possibility of imposition of a conditional sentence on a legal entity and the security measures applicable to legal entities, including: sentence publication and prohibition to engage in specific commercial activities.


2017 ◽  
pp. 27-30
Author(s):  
Yu.V. Dondyuk ◽  

Maternal near miss and maternal death audit has become an esssential process in the context of obstetric care in both developed and developing countries. The objective: of the present study was to assess the quality of medical services provided within the multilevel regionalized Perinatal Health System in the Republic of Moldova, by identifying the inconsistencies with existing standards of medical care, in cases of severe obstetric complications and maternal deaths. Materials and methods. All cases of maternal near miss cases and maternal deaths recorded in the Secondary and Tertiary Perinatal Centers of the Republic of Moldova during the period 2009–2014 were analyzed retrospectively. To assess the quality of obstetric care, the following indices have been calculated: maternal near miss/ maternal deaths ratio; the mortality index for each obstetric condition/ complication. Results. During a period of 6 years, in 11 Secondary and Tertiary Perinatal Centers of the Republic of Moldova there were registered 154 651 births, 2881 cases of maternal near miss and 21 maternal deaths. The General Mortality index was 0.72%, and the Mortality Index by direct obstetric morbidity was 0.48%. 92.86% of maternal deaths through direct obstetric causes were avoidable, and the proportion of near miss cases with substandard care was 81.85%. The most frequent gaps (82.48%) were caused by human factors, such as insufficient team work, communication deficiency, lack of knowledge and clinical skills necessary to properly recognize and treat critical obstetric patients, delay and errors in diagnosis and treatment, non-compliance with clinical protocols. Conclusions. The excessively high proportion of avoidable factors highlighted in the study is alarming and implies the need for more extensive activities and the development of strategies focused on ensuring the presence of qualified medical workers in medical institutions, which will allow the provision of qualitative care and safety for patients in the Republic of Moldova, reducing maternal morbidity and mortality. Key words: severe maternal morbidity, maternal near miss, maternal death, maternal mortality.


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