scholarly journals Technical and legislative deficiencies regarding the contravention liability for drunk driving

2021 ◽  
pp. 105-117
Author(s):  
Vitalie Ionaşcu ◽  
◽  
Albert Antoci ◽  

The serious state of affairs in the field of road safety determines the firm intervention of the state in order to prevent and combat effectively, in particular, the acts of drunk driving, which has proven to be one of the main causes of road accidents. In this context, the state established liability for this type of deviant behavior, criminalizing in article 233 of the Contraventional Code of the Republic of Moldova the acts of driving a vehicle in a state of alcohol with a minimum degree or handing over the vehicle to a person who is in a state of drunkenness. An in-depth analysis of the structure and content of Article 233 of the Contravention Code allowed us to form the opinion that the author of the legal norm was poorly inspired, admitted several errors and technical-legislative deficiencies, neglected the basic requirements that must comply with the normative acts. This caused misinterpretation and misapplication of the law.

2021 ◽  
Vol 264 ◽  
pp. 02025
Author(s):  
Dilshod Imamaliev ◽  
Aslidin Urakov ◽  
Muzrob Darabov ◽  
Ruzigul Sayfutdinova

This article analyzes the relationship and influence of factors such as the population, the level of motorization, economic development, and the state of the state road network on the state of the risk of road accidents, including the level of mortality and road injuries, as well as the relevance of improving methods for assessing, managing and predicting the risk of accidents in road traffic. National indicators of the level of road deaths and injuries in different countries were studied. The relationship between road accidents and the level of motorization, income of the population, the state of the road network, and other indicators were revealed. The urgency of the problem of road accidents and the organization of measures to reduce the level of road accidents is emphasized. It also takes into account the special importance of forming conceptually new approaches to the task of improving the efficiency of public administration in the field of organization and maintenance of road traffic through the implementation of the Concept of Road Safety in the Republic of Uzbekistan for the period 2018-2022, which includes the following main directions: further improvement of the regulatory framework in the field of road safety, including significant strengthening of responsibility for gross violations of traffic rules; comprehensive improvement of road infrastructure, improving the quality of roads, creating reliable conditions for the safe movement of vehicles; improving the legal culture, the necessary knowledge, and skills of road users, strengthening their discipline.


Author(s):  
Ana Pascaru ◽  

The issue of this paper is concern on the society’s pandemic and post pandemic. It’s represented a hermeneutics approach of society in improper conditions dictated by the pandemic. In this sense, the author undertakes a monitoring of the concepts that are interfering with the fields of philosophy, trying to argue the need to rethink them in the conditions of the pandemic and which capitalized can contribute to minimizing the post-pandemic effects. It also highlights the causes that fuel the state of affairs in society, including the developing one as is the case of the Republic of Moldova. It is a contextualization on defficiencies some of them preceded the pandemic escalated, burdening the search opportunities that would facilitate the identififi cation of necessary solutions. The study is a continuation of previous research that will later be supplemented by qualitative data from ongoing online methods.


2018 ◽  
Vol 13 (3-4) ◽  
pp. 87-96
Author(s):  
Elena Yu. Guskova

The article is devoted to the analysis of interethnic relations in Bosnia and Herzegovina (BiH) in the 1940s and 1960s. The article is based on materials from the archives of BiH, Croatia, Slovenia, Yugoslavia. The documents show the state of affairs in the Republic – both in the economy and in ideology. In one or another way, all of them reflect the level of tension in the interethnic relations. For the first time, the article presents the discussion on interethnic relations, on the new phenomenon in multinational Yugoslavia – the emergence of a new people in BiH under the name of “Muslim”. The term “Muslims” is used to define the ethnic identity of Bosniaks in the territory of BiH starting from the 1961 census.


2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.


2021 ◽  
pp. 55-66
Author(s):  
Natalia Ctitor ◽  

Fundamental human rights and freedoms are respected insofar as they are known to society at large and to each individual in particular, and become known only to the extent that they are acquired. The formation of the legal culture, in the stated sense, is an essential field of activity of the state authorities, becoming a necessity for each individual to have sufficient knowledge in order to be aware of the content and essence of his rights, freedoms and possibilities, so that later he should show respect and tolerance for the similar rights of other members of society, as well as of society as a whole


2020 ◽  
pp. 10-20

The financial sector of the Republic of Moldova belongs to the developing ones and is characterized by a higher level of risk and, therefore, a higher likelihood of a systemic crisis. Globalization and development of advanced information technologies not only create great opportunities for rapid economic development, but also pose serious security threats to the economic development of states, especially in a developing economy. In these conditions, the issue of ensuring the financial stability of the state is becoming increasingly relevant. The state of the financial and foreign exchange market represents one of the most important aspects of the financial security of the state. This study has been developed as part of the scientific project 15.817.06.02A "Development of tools for measuring the financial stability of the state". The study analyzes various macrofinancial risk management tools. The purpose of this study was to calculate the pressure index on the foreign exchange market of both the Republic of Moldova and the main partner countries in terms of international trade. The results of related studies conducted by the authors of this work, which revealed that stability indicators in the foreign exchange market are associated with foreign trade risks served as an argument for the authors of the work to calculate the pressure index on the currency market of Romania and the Russian Federation for comparison with the indicators of the Republic of Moldova. Methods used in research include theoretical and comparative approaches, descriptive statistics and econometric models. The results of the research showed that international trade and the foreign exchange market are interdependent. The first can be considered a channel for transmitting the currency crisis, since demand increases with increasing imports, and this leads to increased pressure on the foreign exchange market. Increased exports reduce pressure on the foreign exchange market. But the greatest impact on the foreign exchange market in the Republic of Moldova is made by remittances from abroad, which are directly correlated with the dynamics of labor exports. At the same time, it was concluded that at present, due to macroprudential regulation, there are no linear dependencies in financial markets and, therefore, there are no correlations, but only the interdependence of variables.


2021 ◽  
Vol 75 (2) ◽  
pp. 25-34
Author(s):  
Pylyp Epryntsev ◽  
◽  
Andriу Chervinchuk ◽  

The article is devoted to the study of the implementation of the global goals of the Decade of Action for Road Safety 2011–2020 in Ukraine. It is stated that the precondition for the adoption of the UN General Assembly resolution № 64/2551, which proclaimed the Decade, was that according to the analysis, almost 1.3 million people are victims of road accidents every year, and its goal is to reduce mortality from Accidents by 50 percent by 2020. The key elements of the activities of national and local government bodies proposed by the Global Plan for the Decade have been identified. An analysis of the dynamics of road traffic injuries in Ukraine for 2010–2020. The influence of the measures introduced by the state on the state of road traffic injuries is investigated and the real indicators of mortality and injuries on the highways of Ukraine are determined. It is established that the mortality rate from road accidents in Ukraine during the Decade decreased by 27.4 %, and during the implementation of the Strategy to increase road safety in Ukraine until 2020 managed to reduce mortality on Ukrainian roads by only 11.5 %. The ambitious goal of the State Program to increase the level of road safety in Ukraine for the period up to 2020 – reducing the number of deaths due to road accidents to 4 people per 100 thousand population – also failed to be achieved. Given the steady decline in the population of Ukraine, this figure is 11.7 deaths in road accidents per 100 thousand population in 2020. It is proved that the measures taken do not fully correspond to the content of strategic decisions taken at the international level. The results of the state initiatives introduced in Ukraine, although outlined the tendency to stabilize road traffic injuries, did not provide even the average European level of dynamics of reducing accidents on highways. The Decade of Action for Road Safety 2011–2020 and the goals of sustainable development, apparently significantly influenced countries that take measures, so they need to be continued until 2030 to maintain the current level of awareness.


2021 ◽  
Vol 4 (3) ◽  
pp. 79-88
Author(s):  
Svetlana Gorobievschi ◽  
◽  
Tudor Costru ◽  
Raisa Puia ◽  
Alina Ungureanu ◽  
...  

The phenomenon of the Covid-19 pandemic has affected the whole globe, the consequences of which are long lasting and difficult to estimate. The Republic of Moldova, being a developing country, could not overcome these serious consequences, caused by the reduction of public health, the reduction of the work capacity of the population, the deplorable condition of the medical system, caused by small investments in health, etc. Human society has been put to hard tests of survival of patients with this virus, the incidence rate of diseases was about 11%. Thanks to the financial aid of the European Union, Romania and other countries, the Republic of Moldova managed to cope with things in the fight against Covid. This article presents the results of the research of the authors, participants of the national project "Assessment of health of post – COVID - 19 patients in the Republic of Moldova", which aimed to develop the Electronic Register of patients with Covid - 19 (March 2020 - June 2021), which will allow monitoring the process of treatment and recovery of the consequences of this disease, by assessing the state of health and quality of life both at admission and at discharge of the respective patients. Based on the concept of quality of life as a socio-economic category and its interconnections with health, the authors proposed the system of medical indicators to assess the health and quality of life of patients affected by covid. In the authors' opinion, a special role in the treatment and treatment of comorbidities belongs to comorbidities, so the authors selected them as separate study subjects to prove their negative impact on the form of the disease and the state of health and quality of life at discharge of patients.


2021 ◽  
Vol 74 (11) ◽  
pp. 2922-2927
Author(s):  
Vladyslava S. Batyrgareieva ◽  
Alina V. Kalinina ◽  
Kateryna O. Poltava

The aim: This article aims to analyze the statistics of road accidents victims in Ukraine in general and the level of criminal offenses’ against traffic safety and transport operation victims, in particular, to consider the main victimological risks for road users and provide them with a public health approach. Materials and methods: The theoretical basis of the article is specialized literature on law, economics, and sociology. The empirical basis of the research was the materials of generalization of more than 1,000 criminal proceedings under Art. 286 of the Criminal Code of Ukraine, the results of a survey of Ukrainian citizens on the state of road safety in Ukraine. Results: According to the results of an empirical study, in terms of role, pedestrians clearly predominate among the victims (59.6%), while every fourth victim is a passenger of a vehicle. Driver victims are only 14.6% of the total number. Victimological risk on the roads is the probability of becoming a victim and suffering damage to one’s life and health from criminal offenses against traffic safety and operation of transport. For each of the categories of victims there are both general and specific victimological risks. The causes of accidents can be grouped by the source of danger in the triangle “person – mechanism – road”. Conclusions: The most dangerous and widespread victimological risks for road users in Ukraine are speeding and maneuvering, drunk driving, parking violations, poor road infrastructure, physiological and psychological characteristics of road users, low professional skills of drivers, etc.


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