scholarly journals Legal problems of internet access in the Republic of Moldova

2021 ◽  
Author(s):  
Valery Kuchuk ◽  
◽  
Victor Pushkash ◽  

In the Republic of Moldova, the Internet has become the main information resource. This, we can appreciate that in comparison with providing a person with many advantages and opportunities, the Internet generates more and more legal problems. The main reason for this is violation of fundamental human rights, violation of the interests of society and the state. The articles provide arguments about the need to regulate the Internet, starting with the Constitution of the Republic of Moldova and ending with the current legislation. In the opinion of the authors, the right to the Internet should also be enshrined in a special law, which would provide for the conditions for access to the Internet, the obligations of service operators and users, restrictions and guarantees of responsible use of the Internet.

2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Marina Gorbatiuc

E-voting is the next step of the Republic of Moldova evolution. The article presents advantages of e-voting, all steps of using it, and its many types. Electronic voting refers to elections using electronic means. E-voting can be managed by phones, the Internet, private computer networks or special kiosks. Reasons for accepting this kind of voting are provided. The analyzed in the article OSCE/ODIHR’s (Office for Democratic Institutions and Human Rights) activities which are related to tolerance and non-discrimination are focus on the following areas: legislation; law enforcement training; monitoring, reporting on, and following up on responses to hate-motivated crimes and incidents; as well as educational activities to promote tolerance, respect, and mutual understanding. Conclusions from all ODIHR activities which are carried out in close co-ordination and co-operation with OSCE participating States, OSCE institutions and field operations, as well as with other international organizations are given.


2021 ◽  
Vol 2021 (2021) ◽  
pp. 101-111
Author(s):  
Igor COBAN ◽  

Enforcement is a fundamental institution of civil procedural law and an essential component of justice in a state governed by the rule of law. Enforcement in the light of the European Convention on Human Rights is an integral part of the „right to a fair trial”. The mere recognition of the right or the obligation of the debtor to restore the violated or contested right is often not enough. The legislator of the Republic of Moldova modernized the enforcement system by reforming it to the private system of enforcement of civil court documents. The object of this study is the particularities of the procedure for contesting the acts of the bailiff according to the legislation of the Republic of Moldova.


2012 ◽  
Vol 18 ◽  
pp. 9-22
Author(s):  
Kay Mathiesen

The United Nations has suggested that access to the Internet is a human right. In this paper, I defend the U.N.’s position against a number of challenges. First, I show that Vinton Cerf’s recent rejection of the human right to the Internet is based on a misunderstanding of the nature and structure of human rights. Second, I argue that the Internet enables the right to communicate, which is a linchpin right, and, thus, states have a duty to see to it that citizens have access to Internet technology. Third, I argue that concerns that the Internet can be used to engage in oppression and imperialism do not show that there is not a human right to it. Rather, it shows that the right to the Internet must be understood as part of a larger system of human rights.


2016 ◽  
pp. 11-21
Author(s):  
ALEXANDRU TĂNASE

This study analyses the Judgment of the Constitutional Court of Moldova no. 2 of 9 February 2016 for the interpretation of Article 135 para. (1) letters a) and g) of the Constitution of the Republic of Moldova (exception of unconstitutionality), by which it has been decided that the right to raise the exception belongs to all courts of law, respectively to judges who belong to such courts, and the challenge regarding the constitutional review of certain rules which are to be applied in the settlement of a case shall be submitted directly to the Constitutional Court by the judges/panels of judges in the Supreme Court of Justice, courts of appeal and courts, where the case is at issue. Opening to every individual the opportunity to raise the exception of unconstitutionality, the existing mechanism for the protection of human rights has been redefined, representing the first significant step towards the introduction of an individual complaint to the Constitutional Court.


2013 ◽  
Vol 52 (1) ◽  
pp. 217-267 ◽  
Author(s):  
Jan Arno Hessbruegge

On October 19, 2012, the Grand Chamber of the European Court of Human Rights (the Court) ruled that policies pursued by de facto authorities in the Transdniestrian region of the Republic of Moldova aimed at suppressing Moldovan-language education violated the right to education of the affected children and their parents. The Court held Russia responsible for these violations by virtue of the continued vital support Russia provides to the de facto authorities. Meanwhile, the Court found Moldova to have complied with residual human rights obligations it retained, despite lacking effective control over Transdniestria. This important judgment develops the jurisprudence of the Court in relation to human rights violations arising from conduct of de facto authorities. However, it does not fully clarify the standards the Court applies in attributing their conduct to third states.


2004 ◽  
Vol 118 (1) ◽  
pp. 34-38 ◽  
Author(s):  
Peter Tassone ◽  
Christos Georgalas ◽  
Nimesh N. Patel ◽  
Esther Appleby ◽  
Bhik Kotecha

The Internet has become a very important source of health information. We wanted to determine otolaryngology patients’ access to, and use of, the Internet as a medical information resource, to identify factors that make patients more likely to use it, and to determine how useful they find this information.A questionnaire survey was completed by patients while waiting for their consultation in the out-patient department of the Royal National Throat Nose and Ear Hospital in London. Five hundred and thirty-five questionnaires were completed. Sixty-four per cent (344/535) reported having access to the Web. Of the 344 with access, 62 (18 per cent) had searched the Web for medical information prior to their consultation. Higher education (p <0.001) and age between 18 and 40 years (p = 0.001) correlated significantly with higher Internet use. Ninety-five per cent planned to use the Internet again.Approximately one out of five otolaryngology out-patients with Internet access reported having obtained medical information from the Web before their consultation. The majority found it helpful to some degree and were planning to use it again. As clinicians we should be aware ofthis use and the onus should be on ourselves to review these sites in order to guide our patients to sources of reliable and helpful medical information on the Internet.


2020 ◽  
Vol 3 (2) ◽  
pp. 342-350
Author(s):  
Suparna Parwodiwiyono

Abstrak: Bagi generasi pasca milenial penggunaan internet sangat akrab tetapi dengan berbagai tujuan penggunaan. Penelitian ini ingin melihat keterkaitan penggunaan internet oleh penduduk yang sedang sekolah untuk kepentingan penyelesaian tugas sekolah di Indonesia untuk mendapatkan hasil belajar yang baik. Analisis berdasarkan data sekunder dari Survei Sosial Ekonomi Nasional tahun 2018. Hanya saja data yang didapatkan tidak simetris dengan adanya pencilan. Regresi kuantil digunakan untuk meminimumkan pengaruh dari pencilan yang ada. Penelitian mendapatkan hasil bahwa terdapat kaitan yang erat antara akses internet dari penduduk yang sedang sekolah dengan penyelesaian tugas sekolah.  Hasil regresi kuantil menunjukkan bahwa proporsi akses internet untuk penyelesaian tugas sekolah berbeda antar golongan proporsi penggunaan internet. Proporsi penggunaan internet yang tinggi akan digunakan untuk penyelesaian tugas sekolah yang lebih tinggi pula. Abstract: For the post millennial generation the use of the internet is very familiar but with various purposes of use. This study wants to look at the relationship between the use of the internet by residents who are currently in school for the sake of completing school work in Indonesia to get good learning outcomes. Analysis based on secondary data from the 2018 National Socio-Economic Survey. It's just that the data obtained is not symmetrical with outliers. Quantile regression is used to minimize the effect of outliers. The study found that there was a close relationship between internet access from residents who were in school and completion of school work. The quantile regression results show that the proportion of internet access for completing school work differs between groups of proportions of internet use. A high proportion of internet use will be used for completing higher school work.


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.


2018 ◽  
Vol 14 (4) ◽  
pp. 695-701 ◽  
Author(s):  
Julie Ballington

Violence against women in politics (VAWP) is a human rights violation, as it prevents the realization of political rights. Violence against women in political and public life can be understood as “any act or threat of gender-based violence, resulting in physical, sexual, psychological harm or suffering to women, that prevents them from exercising and realizing their political rights, whether in public or private spaces, including the right to vote and hold public office, to vote in secret and to freely campaign, to associate and assemble, and to enjoy freedom of opinion and expression” (UN Women/UNDP 2017, 20).


Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.


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