CONCEPTUAL REFERENCES REGARDING RECODIFICATION AND DECODIFICATION AS FORMS OF THE SYSTEMATIZATION OF LEGISLATION

2021 ◽  
pp. 110-121
Author(s):  
Ion Postu ◽  
◽  
Elena Tentiuc ◽  
Keyword(s):  
Regulatory Framework ◽  
Eastern European ◽  
Republic Of Moldova ◽  
Legal Science ◽  
Legal Literature ◽  
New Concepts ◽  
The Difference ◽  
The Republic ◽  
Definition Of

This paper analyzes the concepts of recodification and decodification, both from the perspective of legislative technique and systematization of legislation. Being seen as codification modalities or as reverse actions, these two phenomena are approached from the perspective of the activity of legislative creation. This study is the first of its kind, or being new concepts for Eastern European doctrine, decodification and recodification have not yet benefited from in-depth research in our legal literature, so in this article the authors analyze the considerations of Russian and European scientists, who have been the basis for promoting these new terms for local legal science. Practical examples of recodification and decodification include normative acts of the Republic of Moldova. The authors conclude that despite the difference in codification, decodification and recodification tasks, these legal phenomena are characterized by a certain degree of interconnection and ultimately provide their own definition of recodification, adjusted to the national regulatory framework.

scholarly journals LEGAL AXIOMS: APPROACHES TO UNDERSTANDING

2020 ◽  
Vol 1 (9) ◽  
pp. 8-12
Author(s):  
Inna Zelenko ◽  
Keyword(s):  
Legal Regulation ◽  
Complex Phenomenon ◽  
Legal Principles ◽  
Common Features ◽  
The Third ◽  
Legal Science ◽  
The Difference ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article reflects the diversity of views on the concept of "legal axiom". It is clarified that there are lawyers who deny the existence of the concept of "axiom" in law. It is presented that some scholars identify legal axioms with legal customs in terms of content, formulation and existence, as well as methods of provision. It is revealed that legal axioms have common features and differences with legal presumptions. It is emphasized that the legal presumption and legal axiom are understood as true without evidence. It is considered that the difference between a legal presumption and a legal axiom lies in the difference of circumstances: they allow to consider them plausible; possibilities (impossibilities) of refutation; significance, content and form It is demonstrated that there are several approaches to the relationship of legal axioms with the principles of law. It has been found that the first group of scholars identify the principles of law and axioms. Attention is drawn to the fact that the second group of scholars notes that axioms are prerequisites for the principles of law. It is presented that the representatives of the third group distinguish between the concepts of principles of law and legal axioms. It has been shown that the complex interrelationships of principles and axioms are reflected in their dialectical unity, their ability to pass from one to another, and the disclosure of one phenomenon through another. It is noted that axioms are subject to change, so axioms and presumptions are closely interrelated and under certain conditions can replace each other. The definition of legal axioms has been further considered. Legal axioms are a multifaceted complex phenomenon of legal reality related to law, legal awareness and legal science. regularities, properties of special legal principles of law and serve to simplify legal regulation.

Marketing Substantiation of Efficiency of Product Policy of Medium-Sized Wineries in the Republic of Moldova

2019 ◽  
pp. 93-110
Author(s):  
Svetlana Ghenova
Keyword(s):  
Key Management ◽  
Structural Model ◽  
Substantial Improvement ◽  
Business Climate ◽  
Management Tools ◽  
Product Policy ◽  
Republic Of Moldova ◽  
The Republic ◽  
Definition Of ◽  
Effective Product

This chapter is devoted to revealing the importance and definition of the logical relationship of components related to an effective product policy of modern medium-size winery of the Republic of Moldova. The chapter presents a comparative analysis of modern marketing definitions of product policy of an enterprise. The purpose of the author is the research and marketing disclosure of the nature of the product policy as one of the key management tools of a modern winery. A structural model of the marketing product policy components has been developed. The approaches proposed for implementation in the Moldovan wineries would allow the analysis of the product policy effectiveness. The importance of the marketing substantiation of effective product policy in the activities of medium-sized wineries in socio-economic development of Moldova and their underutilized potential, an unfavorable business climate and the need for a substantial improvement in the product policy has determined the relevance of the research topic presented in the chapter.

scholarly journals CONFLICT OF INTERESTS: CONTENTS, PROCEDURE FOR PREVENTION AND SETTLEMENT

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Валентин Михайлов ◽  
Valentin Mikhaylov
Keyword(s):  
United Nations ◽  
Private Sector ◽  
Conflicts Of Interest ◽  
Kyrgyz Republic ◽  
State Sector ◽  
Conflict Of Interests ◽  
Republic Of Moldova ◽  
The Republic ◽  
Definition Of ◽  
Personal Interests

The author of the article reviews a definition of conflicts of interest which are used in such international legal acts as the Convention of the United Nations against corruption (2003), The Convention against bribery of foreign officials during implementation of international commercial transactions which was adopted by the Organization for Economic Cooperation and Development (1997), as well as in the national legislation of the Russian Federationа and a number of other countries (The Republic of Belarus, the Republic of Moldova, the Kyrgyz Republic). Subject to analysis are the organizational and legal mechanisms aimed at preventing and settlement of conflict of interests, procedure of notification of personal interests which might give rise to the collision of interests both within the sphere of state sector and private sector alike. Along with it the author analyses the problems in the course of implementation of the respective legal machinery. Specifically, it relates to the moral aspects of prevention and settlement of the conflict of interests in view of deficiencies in the existing system of normative anti corrupt prohibitions, restrictions and obligations — all aimed to prevent all possible types of corruptive practices.

scholarly journals “Non-Union State”: the Republic of Belarus in the memory wars of Eastern Europe

2021 ◽  
pp. 66-84
Author(s):  
Andrei Aleksandrovich Linchenko
Keyword(s):  
Eastern Europe ◽  
European Countries ◽  
Political Regime ◽  
Eastern European ◽  
Non Union ◽  
The Difference ◽  
The Republic ◽  
Eastern European Countries ◽  
Post Communism ◽  
Methodological Aspects

The subject of this research is the position of Belarus in the memory wars of Russia and Eastern European countries of the two recent decades. Based on P. Bourdieu’s theory of symbolic power, as well as comparative analysis of the key stages of the historical politics of Russia and Belarus as the members of the Union State, the author explores the causes and peculiarities of electoral neutrality of Belarus in the memory wars of Russia and Eastern European countries. Analysis is conducted on the theoretical-methodological aspects of the concept of “memory wars”. Content analysis of the relevant research reveals the specificity of the Belarusian case with regards to correlation between domestic and foreign historical politics. The specificity of the forms of post-Communism that have established in Russia and Belarus, the difference in the pace of historical politics of the last three decades, as well as the evolution of the political regime of Alexander Lukashenko contributed to the formation of peculiar position of the Republic of Belarus in the memory confrontation between Russia and its Eastern European neighbors. The internal manifestation of such position was the desire to displace the conflicts between memory communities in the republic, the movement of memory to the periphery of cultural-information space, while the external manifestation was strive for electoral neutrality (memory isolationism) in the memory wars in Eastern Europe. Such position is aimed not so much at supporting Russia’s memory initiatives, but at solving the relevant political and economic challenges, using historical politics as the instrument for promoting the own interests.

Access to a Court in Matters Concerning Disputes of an Individual with the Public Administration in the Republic of Poland vs. the Standards of the Council of Europe

2016 ◽  
Vol 16 (1) ◽  
pp. 111-125
Author(s):  
Ewa Wójcicka
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Access To Justice ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Difference ◽  
The Republic ◽  
European Standards ◽  
Definition Of ◽  
The Right

Summary This paper focuses specifically on the fundamental part of the right to a fair trial, namely access to a court. The aim of this article is an attempt to analyse the difference between the requirements of European standards and how they are reflected in Polish legislation. First of all, I am going to analyze basic European standards specified in Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, Recommendation Rec(2004)20 on the judicial review of administrative acts and in the jurisprudence of the European Court of Human Rights. Then I will focus on selected aspects of the problem of judicial review of administrative acts specified in the Act of 30th August 2002 Law on Proceedings before Administrative Courts. I will discuss several specific topics from this field, which can be considered as crucial in relation to access to court, namely: definition of terms for access to justice by an individual, exhausting administrative remedies before judicial review, locus standi and legal aid.

scholarly journals CYBERSECURITY AS A FUNDAMENTAL ELEMENT OF THE DIGITAL ECONOMY

MEST Journal ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 97-105
Author(s):  
Alexandru Leahovcenco
Keyword(s):  
Correlation Analysis ◽  
Social Engineering ◽  
Digital Economy ◽  
Cyber Attacks ◽  
Republic Of Moldova ◽  
Cyber Threats ◽  
Low Profile ◽  
The Republic ◽  
Definition Of ◽  
The Relationship

The development of the digital economy is inextricably linked to cybersecurity. The article discusses issues related to the definition of cybersecurity, its elements, and examines data on cyber-attacks. The analysis of the tightness of the relationship between the share of the digital economy in GDP and the GCI index using a correlation analysis is carried out in this article. The issues of cybersecurity in the Republic of Moldova are also discussed and ways to improve it are suggested. Currently, there have been significant changes in the structure of cyber threats. These changes are associated with discrete changes in the motives and tactics of cybercriminals. The reasons for enrichment contributed to the emergence of crypto miners. At the same time, there is a shift towards reducing the use of malware and complex infrastructure and moving to low-profile social engineering attacks. This article analyzes the situation in the

scholarly journals The Specifics of the Legal Regime of the Civil Legal Relations Objects Functioning (Theoretical Aspect)

2020 ◽  
Vol 15 (3) ◽  
pp. 136-144
Author(s):  
D. S. Tereshchenko
Keyword(s):  
Theoretical Aspect ◽  
Functional Characteristic ◽  
Legal Regime ◽  
Current State ◽  
Legal Literature ◽  
Object Based ◽  
The Difference ◽  
Definition Of ◽  
Qualitative Characteristics ◽  
Regulatory Procedure

The paper analyzes the current state of development of the concept of the legal regime and its features in the legal literature. It is indicated that the key phrase “regulatory procedure” is not fully consistent with the definition of the legal regime. Wider approaches to understanding the phenomenon of the concept of “legal regime” in the form of a functional characteristic of the operation of law are proposed. It is noted that to describe the features of the legal regime, researchers often and haphazardly use individual qualitative characteristics that do not fully reveal the meaning of the definitions of both the legal regime and its individual attributes. The author clarifies the difference between the characteristics of “special” and “particular”, “specialized” and “specific” in relation to civil legal relations. The conclusion is drawn on the need for legislative consolidation of the revealed differences and the establishment of two types of legal regimes — the legal regime of activity and the legal regime of the operation of an object. Based on the conducted structural study, the author formulates the definitions for the legal regime and civil law regime.

scholarly journals PROTECTION OF THE RIGHTS OF THE JUDGMENT CREDITOR IN ENFORCEMENT PROCEEDINGS: CHALLENGES AND PROSPECTS FOR DEVELOPMENT

2020 ◽  
Vol 6 (4) ◽  
pp. 136-141
Author(s):  
E. N. Gubina ◽  
D. V. Davitavyan
Keyword(s):  
Scientific Literature ◽  
Federal Law ◽  
Legal Literature ◽  
Legal Nature ◽  
Legitimate Interests ◽  
The Difference ◽  
Definition Of ◽  
Single Approach ◽  
Object Of Knowledge ◽  
Legal Meaning

Based on the analysis of scientific literature, the paper defines the concept of protection of rights in enforcement proceedings. The article discusses the provisions of the current executive legislation on the protection of the rights of the claimant in enforcement proceedings. The study of the concept of protection of rights and its legal nature is relevant for enforcement proceedings, however, will allow a comprehensive review of special ways to protect the rights of claimants. In the legal literature, you can find different approaches to determining the legal meaning of the term protection of rights. There is no single approach to the definition of protection of rights. The difference in the interpretation of the concept is due to the multidimensional nature of the term and the variety of methodological attitudes of the authors in the study of the object of knowledge. Particular attention is paid to the issue of the possibility of foreclosure on the debtor's only residential premises in order to establish a balance of interests in the framework of enforcement proceedings. To ensure the rights and legitimate interests of the claimant in enforcement proceedings and eliminate gaps in the current enforcement legislation, the authors propose to make amendments and additions to the current legislation, in particular, to the Federal Law On enforcement proceedings.

scholarly journals THE REPUBLIC OF LATVIA WITHIN THE DIMENSIONAL FRAMEWORK OF INTERNATIONAL LEGAL SUBJECT

2015 ◽  
Vol 1 (7) ◽  
pp. 58
Author(s):  
Arturs Gaveika
Keyword(s):  
Regulatory Framework ◽  
Law Enforcement Agencies ◽  
European Union Law ◽  
Legal Subject ◽  
Regulatory Frameworks ◽  
Space Limit ◽  
The Republic ◽  
Definition Of ◽  
National Framework ◽  
National Borders

In operations of public administration, and especially law enforcement agencies, a particular understanding of the definition of national territory is necessary, especially having in mind the various sovereignty differentiation of national territory into sea areas and airspace, resulting from the modern international and European Union law and which would not be contrary to Article 3 of the Constitution generally determining the meaning of the Latvian State territory. Sometimes the national territory is understood as land or water surface. But setting national borders and border treaties and the national regulatory framework of the state border concept, states include the concept of national borders within their jurisdiction spread in space – technical capabilities of land and deep-water in depth and in airspace to the space limit. The main purpose of the research was to analyse the Latvian national framework of legal subject or international and national regulatory frameworks of territory and to offer a clearer and more comprehensive definition of the national territory. The author developed the dimensional framework definition of national territory in the result of research that would be necessary in the national regulatory framework in the context of national security and not in conflict with the international regulatory framework.

scholarly journals Analysis of progressivity, normality and responsibility principles in the progressive system of serving criminal sentences in the form of imprisonment

2021 ◽  
Vol 3 (1) ◽  
pp. 40-45
Author(s):  
Aleksandr Krudu
Keyword(s):  
Regulatory Framework ◽  
Penal Code ◽  
Optimal Solutions ◽  
Urgent Problem ◽  
Republic Of Moldova ◽  
Proper Functioning ◽  
Criminal Penalties ◽  
The Republic

Ensuring the proper functioning of the progressive system of serving a criminal sentence in the form of deprivation of liberty is an urgent problem for the Republic of Moldova. The international recommendations in this area, as well as the practice of other states that apply the progressive system, in order to identify the most optimal solutions for its implementation are analyzed in the article. Special literature is studied, in which important studies is conducted on the role of sentences execution principles in achieving their goals. Recommendations for changing the existing regulatory framework are formulated. According to the results of the study, the author comes to the conclusion that although most of the principles reflected in the Penal Code of the Republic of Moldova are characteristic of a progressive system of serving sentences, their list is incomplete. International practice recognizes the important role of the principles of normality, responsibility and progressivity in a progressive system of serving a sentence of imprisonment. Therefore, in order to intensify the national correctional process and achieve more effective results in the execution of criminal penalties, it is necessary to expand the list of principles enshrined in the Penal Code of the Republic of Moldova and to create correctional mechanisms that correspond to their proper application.

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