History of codification of private law in the Republic of Moldova

The division of the entire system of law into public law and private law comes from ancient times, which we have referred to in several previous personal publications. In this article we will analyze the evolution of private law in the Republic of Moldova. Private law constitutes one of the fundamental subdivisions of the science of law as a whole. At the level of the Republic of Moldova, the subdivision in question represents a distinct specific in the context that: (i) it is stratified into numerous branches of law and (ii) it constitutes a symbiosis of several national, supranational and international private legislations that correspond to modern trends of evolution of related social relations. One of the main branches of domestic private law is civil law, namely the rules tangent to the branch of law in question regulate a considerable number of social relations varied in terms of structure and content. This article will briefly address evolutionary-historical aspects of the private law legislation of the Republic of Moldova. In particular, we will analyze the influence of the Model Civil Code of the CIS States, on the one hand, and European legislation, on the other. Historical aspects will be divided into three periods.

Generalities on legal regulation of cartel agreements

This article provides an overview of the evolution of competition and competition law, both in the Republic of Moldova and in some European and US countries. Also, the paper crystallizes the conceptual approaches on cartels and offers an analysis of the doctrine of the Republic of Moldova, Romania, Russia, France, Germany, USA, Great Britain regarding cartel agreements. Following the analysis carried out in this paper, it was observed that the contribution of foreign academics in the field of defining and classifying cartel agreements is substantial, and the jurisprudence of the European Commission and the European Court of Justice has served as a source of inspiration and progress for the academic environment, as well as for the development of competition on the market. Although in the Republic of Moldova there is limited research in the field of cartel agreements, it is gratifying that the legislation is harmonized with European directives, and the doctrine is developed starting from the most important international research in the field of protection of competition.

On regulation of cryptocurrency: international experience

The study is dedicated to various jurisdictions’ approaches to cryptocurrency relations regulation. The digital assets'legal status in the European Union is analyzed both at the central level as well at the level of such EU members as Malta, Romania, Germany. Among the countries that geographically belong to Europe, but are not members of the European Union, Switzerland and the United Kingdom are considered in this aspect. The authors also reviewed the most important issues of cryptocurrency regulation in the largest economy in the world - the United States. The Asian region is represented in the study by the jurisdictions where digital assets are most widespread (China and Japan). The main conclusion is that the Republic of Moldova should develop the balanced approach to legalizing the new sphere of socio-economic relations by taking into consideration both positive and negative experience as well as the best legal practices of other states in this field.

Interaction of constitutional guarantees of human rights with power, economy and capital

The article contains a study in the field of interaction and dependence of constitutional guarantees of human rights in the Republic of Moldova on power, economy and capital. An example is given of the set of meanings and forms of this democracy, the measure, level and values of the citizens who make up a collective or make up the crowd, from the point of view of organizing the means by leading the people over the state. The causal relationship is analyzed between the interaction and the direct dependence of the implementation of the constitutional norms on the political will, the level of the economy, including the interest and purpose of the capital dictatorship. This prism studies the real issue of democracy in the Western sample regarding the completeness of citizens' expectations. The article provides an assessment of democratic values in their presence, ie form. The most frequent and richest opinions, ideas and doctrines are evaluated, for the general ideological purpose, in order to effectively achieve objectives, including the subsequent onset of certain consequences. A comparative analysis is made regarding the opinions of other authoritarian specialists in this field.

The classification of coded acts

In this article, authors analyze different models of codified acts. In carrying out this classification, several features of the codified documents emerged and were presented in a light conducive to study. The authors provide a practical example of doctrinal concepts, based on their empirical observations, with the relevant example for our legal system. Despite the multitude of scientific proposals, the classifications presented in the article are far from exhaustive, but are a theoretical-doctrinal exercise, aimed at systematizing knowledge about the nature and features of codified acts. Finally, the authors conclude that codes are the only form of codified act recognized by national law, although other forms are known in foreign legal systems. Without prejudice to the legal nature of codes and other classified acts, they may be doctrinally classified according to various criteria, which simplifies the understanding of their essence and contributes to their practical application.

Separate aspects of the prosecutor's preparation for presentation of the state accusations in the court

The article examines aspects of preparation for the presentation prosecutor’s of public prosecution in criminal courts in the Republic of Moldova. The analysis of the preliminary preparation for the presentation of the public prosecution in the courts is given. Study of the materials of the criminal case, regulatory legal acts, development of a preliminary position on a criminal case, development of a plan for participation in the trial, elements of the preparation of the prosecutor for the effective support of the public prosecution. The prosecutor’s analysis of the materials of the criminal case as the basis for high-quality support of the state prosecution. Forecasting possible situations at the stage of pre-trial preparation, the use of certain tactical techniques for studying the case materials; study of normative materials and judicial practice in relation to a specific category of cases; generalization and analysis of the materials of the criminal case; forecasting various situations that may arise during the court session; a set of tactics used to solve them; build versions of the prosecution; comprehensive planning of activities to maintain public prosecution. To adequately perceive what is happening in the trial, to competently and timely respond to the behavior of the participants in the process, to investigate and collect evidence that incriminates the defendant in the commission of a crime.

The barrier between irresponsibility and responsibility. considerations regarding the forensic psychiatric expertisein criminal law

The irresponsibility from a medico-legal point of view is supported by the following criteria: non-formation of critical discernment; severe psycho-sensory or mental disability; altering the levels of elementary consciousness and operational logic; the psychopathological motivation of the moment of committing the antisocial act and of the deviant behavior in general; there is a direct causal link between the pathological personality traits and the crime committed; the forensic onset of mental illness; mental incapacity Analyzing all the above and referring to the topic studied in this paper, we can not fail to refer to how it contributes to the mental illness of a person who has committed a crime on determining his state of responsibility or irresponsibility, because this state determines whether or not the person is liable to criminal liability and, respectively, the punishment to be applied. In order to determine whether a person acted with discernment, ie he realized the degree of social danger posed by the act committed and was able to distinguish between what is permitted and what is not permitted by law, it is necessary the conclusions of some specialists.

Formation of the penitentiary System of Soviet Ukraine (first half of the 20th century)

The process of organizing and becoming a system of execution of criminal penalties in Soviet Ukraine has been investigated since the Education of the Ukrainian SSR until 1930 - the beginning of the 1950s.; marked the main stages of the development of the state; The main regulatory acts of the structural and organizational activities of the penitentiary system are analyzed. In the 1920s. The Soviet penitentiary system was considered as a composite punitive system of the state and an effective means of combating the «class enemy». At the same time, the system of correctional institutions in Ukraine has not yet been considered as a means of severe punishment in the conditions of isolation from society, and it was also interpreted as an integral part of the condemnation system of convicts in social waste. The system of execution of criminal penalties to which correctional labor camps and general places of detention were determined. Independent subsystems were considered prison institutions (ordinary and investigative prisons), as well as labor colonies for minors and children's educational colonies. It has been established that under the conditions of Stalinism, an extensive network of the criminal executive system was a kind of foundation of totalitarian regime, was in an organic relationship with the administrative command system. The state administration of criminal and executive institutions in the post-war years carried out, and based on the principles of strict control of various departments of the NKVD, NKGB, MJ, Ministry of Internal Affairs.

The need to strengthen the mediation institution in commercial cases in Romania and the Republic of Moldova

Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation, as it’s generally known today, appeared in Europe in ‘90s through the American branch, and imposed through Directive CE / 52/2008 of the European Parliament, that all Member States need to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties' affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. I firmly believe that that the procedure for mediation in commercial disputes needs to be adapted, considering the fact that is a special type of mediation, as the mediator is required to possess certain knowledge and qualities specific to this field. I, therefore, consider that the specific legislation is insufficiently regulated, and due to this context, the institution of commercial mediation is in a vegetative state at this moment.

Some general aspects of mediation: notion, essence, content

Conflicts and/or misunderstandings that arise between two or more people or public / private institutions – may eventually form the subject of a judicial process, which will require a long period of time for their objective resolution. More recently in the Republic of Moldova, a new way of alternative settlement of conflicts amicably – mediation-is often publicized. Thus, in the following, we intend to carry out an analysis of the general aspects with reference to the institution of mediation, highlighting in the foreground its concept, essence and content, including the scope and the result that can be obtained. Therefore, taking into account The Commitments of the mediation council established by law no.137/2015, as well as those provided for by art.5 of the collaboration protocol for the promotion of mediation concluded on 28.05.2015, in order to inform litigants about the alternative resolution of disputes through mediation, we want to bring to the general public general aspects about the institution of mediation.