scholarly journals Scientific interpretations of offenses of falsification of evidence at international level and in the context of international law

2021 ◽  
pp. 232-240
Author(s):  
Marian Gherman ◽  
◽  
Eugeniu Piterschi ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Comparative Law ◽  
International Level ◽  
National Legislation ◽  
Republic Of Moldova ◽  
Scientific Approach ◽  
The Republic ◽  
Additional Rule ◽  
Normative Perspective

Comparative law is an essential branch of the literature that aims to conduct a multi-faceted investigation of some types of illicit acts at the international level. The crime of falsifying evidence from the international normative perspective, offers us the opportunity to analyze, systematize and address a new typical way or an additional rule for the Criminal Law of the Republic of Moldova. Therefore, in the present scientific approach we propose as an essential desideratum, the analysis of the antisocial actions of falsification of evidence at international level for a good systematization and adjustment of the national legislation.

Obiectul infracţiunii de pornografie infantilă: analiza gradului de compatibilitate între prevederile naţionale, internaţionale şi cele din legislaţiile unor state străine

2021 ◽  
Vol 2021 (2021) ◽  
pp. 86-100
Author(s):  
Stanislav COPEŢCHI ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Child Pornography ◽  
Republic Of Moldova ◽  
Scientific Approach ◽  
The Republic ◽  
International Instruments

In the present scientific approach is discussed the material/immaterial object of the crime of child pornography, in accordance with the criminal law of the Republic of Moldova, from the perspective of its compatibility with the provisions of the main international instruments in this matter (especially the Lanzarote Convention and the Budapest Convention). Likewise, is performed a comparative analysis of the national (Moldovan) provisions, being highlighted the content of some norms of incrimination from the criminal laws of some foreign states in the part concerning the material/immaterial object of the crime of child pornography.

Indonesia

2019 ◽  
pp. 385-405
Author(s):  
Hikmahanto Juwana
Keyword(s):  
International Law ◽  
International Level ◽  
Pivotal Point ◽  
Indonesian Government ◽  
The Republic

This chapter looks at international law in Indonesia. From the beginning of its establishment as a state, alongside the formation of the Indonesian government, Indonesia has committed itself to participating on the international stage. Paragraph 4 of the Preamble of the Constitution of the Republic of Indonesia 1945 shows such commitment. Indonesia’s role in the Bandung Conference of 1955 is another pivotal point to consider since Indonesia was one of the initiators of the Conference. Nevertheless, the development of international law in Indonesia is not merely about the 1945 Constitution and the Bandung Conference. It is also about Indonesia advancing its interests at the international level and making its voice count. In doing so, however, Indonesia has not been free from politics. Indonesia uses international law as a political instrument to pursue its interests; and other countries likewise use international law to advance their interests towards Indonesia.

scholarly journals Realism in International Legislation

2012 ◽  
Vol 4 (1) ◽  
pp. 2-16
Author(s):  
Jasper Doomen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Natural Law ◽  
International Level ◽  
National Legislation ◽  
Universal Principles ◽  
The Status

The status of ‘international law’ is examined critically. In the first section, the basis of (national) legislation is described. This consists of an inquiry into a credible meaning of ‘natural law’. It is focused on the question whether universal principles exist and, if so, of what kind. Section 2 deals with the issue of enforcement. National legislation invariably realizes this, but this is not obvious at the international level. Section 3 deals with human rights. It is discussed whether their presence points to the existence of ‘international law’. To this end, a possible reason for these rights to have developed is expounded.

A cooperação jurídica internacional penal no terrorismo

2020 ◽  
Author(s):  
Anaïs Eulalio Brasileiro
Keyword(s):  
International Law ◽  
Terrorist Attacks ◽  
International Level ◽  
Judicial Cooperation ◽  
Global Society ◽  
The Republic ◽  
International Conventions

In today's chaotic world, global society is faced with the the ever present threat of terrorism. To a large extent, terrorist attacks succeed in reaching most States, provoking fear and inciting terror through violence and threats. As a result, States seek efficient means of protecting and combating terrorism, using individual and collective strategies. In this sense, despite the fact that Brazil does not usually suffer terrorist attacks, the country has foreseen in the Constitution of the Republic the total repudiation of terrorism and assumes practical positions that demonstrate this positioning, having created an antiterrorism law and ratified international conventions regarding its confrontation. At the international level, in the area of extraterritoriality and transnational crimes, international judicial cooperation stands out as an essential mechanism capable of responding to the obstacles offered by terrorism, offering an alternative for States to respond collectively. In the realm of international law, this study defends the position that terrorism should be addressed with more flexibility than the guidelines the international judicial cooperation has agreed upon in other areas.

scholarly journals REFORM OF THE RUSSIAN ANTI-CORRUPTION LEGISLATION: OECD ECONOMIC CONDITION OR LEGAL IMPORTANCE

2014 ◽  
pp. 188-194
Author(s):  
E. L. Sidorenko
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Economic Condition ◽  
Criminal Liability ◽  
Comparative Law ◽  
Administrative Law ◽  
International Organization ◽  
Public Officials ◽  
Systematic Analysis ◽  
National Legal System

In this paper we define the prospects for the criminalization of promises and offers a bribe to a foreign official or an official of a public international organization in the Russian criminal law. Despite the increased interest in the problem of implementation of international law in the national legal system, many aspects of the topic studied. These include punishment, the possibility of establishing criminal liability for bribery. OECD anti-corruption standards considered in working with three positions: through Russia ratified the convention, through the analysis of the experience of the criminalization of bribery of foreign public officials in foreign legislation and from the perspective of the established system of national criminal and administrative law. The paper presents a systematic analysis of the proposal and the promise of a bribe as socially dangerous acts. Refined methods of implementation of anti-corruption standards in the Russian legislation. Problems has led to widespread use of the system, comparative law and documentary approaches. The paper concludes formulate concrete proposals to improve the criminal law and identifies strategic directions of modern anti-corruption policy.

scholarly journals International experience on risk management and the possibility of its use in the Republic of Moldova

Economica ◽  
2021 ◽  
pp. 91-103
Author(s):  
Natalia Bancila ◽  
◽  
Nadejda Botnari ◽  
Vasile Leorda ◽  
◽  
...  
Keyword(s):  
Risk Management ◽  
Best Practices ◽  
Financial Performance ◽  
National Level ◽  
International Level ◽  
Republic Of Moldova ◽  
Policies And Measures ◽  
Methods And Techniques ◽  
The Republic

Research of the aspects related to risk management presumes multiple complex tools, policies and measures which are a result of management decisions, the quality of which impacts the effectiveness of risk management and subsequently the activity of economic operators, fact that reflects the topicality and the importance of the investigated subject. Thus, it is opportune to research and analyse the most effective risk management methods and techniques applied both on the national, and international level, that would contribute to the decrease, avoidance or risk limitation and would strengthen the economic-financial performance of business. The aim of the research implies achieving such objectives like: identify strengths of risk management methods and practices on the international level; describe the main peculiarities that distinguish the national and international practice in terms of risk management, argue on the need of transposing best practices in terms of effective risk management applied by economic operators on the national level.

scholarly journals Assessment of the the constitutionality of problems in the property protection through the means of criminal legislation of Republic of Moldova

2019 ◽  
pp. 43-52
Author(s):  
CORINA STRATAN
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Property Right ◽  
Constitutional Court ◽  
Republic Of Moldova ◽  
Unique System ◽  
The Republic ◽  
Criminal Legislation ◽  
Higher Law ◽  
Made In

The property right is a fundamental right guaranteed both in Romania and in the Republic of Moldova by the higher law - the Constitution, that is why “No one may be expropriated except for reasons dictated by public necessity, as established by law and against just and appropriate compensation made in advance”. By virtue of this constitutional guarantee the Criminal Code the only criminal law in the Republic of Moldova ensure an adequate protection of the property, whether it is public or private, through a unique system of regulations and sanctions. This article refers to the control of the constitutionality of the incriminating norms of the crimes against the property by the legal acts of the Constitutional Court, which is the only authority of constitutional jurisdiction. When exercising this control, the Court rules only on the conformity of the provisions criticized with the norms of the Constitution, and the referrals regarding the exceptions of unconstitutionality which concern not a normative but an exclusive act, its interpretation or application will be rejected as inadmissible and, this role will be attributed to the courts. However, in order to verify whether the rules under scrutiny comply with the constitutional provisions, the Court examining the complaint first makes clear the content of the provision, which is the exact meaning and then determines whether or not it is constitutional.

scholarly journals The principle of patriotism in criminal law

2019 ◽  
pp. 120-124
Author(s):  
Aleksandr Grishko ◽  
Lyudmila Grishko
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Organizations ◽  
National Legislation ◽  
Criminal Penalties

The article is about the correlation of national and international legislation on the execution of sentences and treatment of convicts. About practice of activity of the international organizations on implementation of those or other establishments available in the international documents. In particular, the priority of constitutional norms and international law. The fact that the relevant international organizations, designed primarily to implement a unified policy in the field of execution of criminal penalties, often ignore this and make decisions that often do not take into account the peculiarities of national legislation, but also the norms contained in international documents.

scholarly journals Official document: material/immaterial object or product of offenses of forged public acts. PART I.

2021 ◽  
pp. 41-47
Author(s):  
Cristina Pirtac ◽  
Keyword(s):  
Criminal Law ◽  
Informational Support ◽  
Council Of Europe ◽  
Official Document ◽  
Republic Of Moldova ◽  
Legal Provisions ◽  
The Republic ◽  
Definition Of

In this scientific approaches is defined the “document”, in general, and the „official document”, in particular, as an entity that appears in the position of material/immaterial object or product of the offenses of forged public acts. It is shown that the notion „document” has the following features (characteristics and to official document): a) implies the presence of a support; b) consists of information; c) possesses attributes based on which it is identified. Correspondingly, the official document (species of the document) consists of: a) information (with the particularity that it is of an official nature) and b) informational support (materialized or electronic). The criminal law of the Republic of Moldova does not include a definition of the notion „official document”. Nor in other national normative acts the notion in question is not explained. The meaning of the notion „official document” transpire from the text of some legal provisions with a non-legal-criminal character. Also, the content of this term is reproduced in the text of some international legal instruments, among which: the Convention of the Council of Europe on access to official documents, signed in Tromsø on 18.06.2009, in force for the Republic of Moldova from December 2020.

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