Browsing by Author "Ciochină, Snejana"
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Item ANALIZA JURIDICO-PENALĂ A ELEMENTELOR CONSTITUTIVE OBIECTIVE PREVĂZUTE LA ART.257 COD PENAL AL REPUBLICII MOLDOVA. INFRACȚIUNEA PRIVIND EXECUTAREA NECALITATIVĂ A CONSTRUCȚIILOR(CEP USM, 2024) Ciochină, SnejanaIn this article we proposed as a purpose and objective the complex analysis of the objective constitutive elements of the crime provided in art. 257 Criminal Code,regarding the non-qualitative execution of constructions. Thus, the reflection of the situations appeared in the judicial practice in the process of framing the criminal legal act, it is important to outline the most important aspects of the object and objective side dedicated to the crime provided in art.257 Criminal code. This paper initiates the analysis of the first of the constituent elements of the crime regarding the unqualified execution of constructions, provided in the criminal legislation.Item Analiza reglementărilor internaționale, standardele și practicile în domeniul executării construcțiilor prin prisma prevederilor art.257 Cod Penal al Republicii Moldova(CEP USM, 2024) Ciochină, SnejanaPoor construction execution can have significant implications, including risks to people's safety and the potential to cause environmental damage. Although there is no unified international legislation regarding poor construction execution, there are numerous international agreements, treaties, and conventions that address standards and practices in construction, including safety, environmental, and quality standards. In this study, by appealing to the interpretation of legal norms, we have analyzed in this article the constitutive elements of the offense of poor construction execution provided for in Article 257 of the Criminal Code of the Republic of Moldova, in conjunction with international standards and provisions, regulations, international rules on construction execution presenting standardized norms regarding construction quality, conduct norms regarding their execution, and especially norms presenting noncompliance with the quality of executed constructions, which consequently may incur criminal liability and cause potentially significant harm both to individuals and exceptionally large material damages.Item CONCEPTUL EXECUTĂRII CONSTRUCȚIILOR ÎN SECTORUL PRIVAT(CEP USM, 2024) Ciochină, Snejana; Prodan, SvetlanaConsidering the factor of the development of the national infrastructure sector and the executed constructions, it is important to outline the legal, technical-economic and organizational basis of the execution of the construction works, the permissive documentation regarding the execution of the constructions, and the quality of the executed constructions. We believe that the research aims, first of all, to improve the legislation, the regulations in the construction sector, the legislative improvement within the public institutions tangential and decision-making in the construction field. Similarly, for the improvement of national legislation, it is important to analyze and collaborate with other international legislation and regulations that would contribute to the implementation of national legislative proposals and recommendations. Thus, we believe that in order to prevent and combat crime in the construction sector, it is necessary to implement new legislative changes through international collaboration in solving the problem addressed.