Browsing by Author "Iosip, Andrei"

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    ANALIZA JURIDICO-PENALĂ A CONFISCĂRII SPECIALE A MIJLOCULUI DE TRANSPORT ÎN CAZUL INFRACȚIUNILOR VAMALE
    (CEP USM, 2020) Iosip, Andrei
    In principle, confiscation should be considered an interference with property rights, because the person concerned is losing a part of his property. However, the right to property is not an absolute one. It may be subject to limitations. Therefore, an interference with the right to property must, first of all, be prescribed by law. At the same time, the law must be accessible and predictable. The interference must also pursue one or more legitimate purposes. Finally, there must be a reasonable proportionality between the used means and the pursued aim or aims. If these conditions are met, we cannot speak of a violation of the right in question.
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    PARTICULARITĂȚILE RĂSPUNDERII SUBSIDIARE A MEMBRILOR ORGANELOR DE CONDUCERE A DEBITORULUI INSOLVABIL PENTRU FAPTA DE ȚINERE A CONTABILITĂȚII FICTIVE SAU CONTRARE LEGII
    (Tipografia Artpoligraf, 2020) Iosip, Andrei
    The application of the institution of the subsidiary liability to the members of the managing bodies of the insolvent debtor increased at the same time when the Moldovan Parliament adopted a new insolvency law on 29 June 2012. The analysis of this institution represents a practical interest, trying to identify the conditions of applicability, the elements of probation, the trial procedure and the juridical nature and the extent of the damage. Through this article, I have tried to specify the special conditions for employing the subsidiary liability for keeping fictitious or against the law accountancy. In practice, the application of this institution is complex and involves a very rigorous analysis of those circumstances which are necessary for applying the subsidiary liability to the responsible persons which have caused or aggravated the insolvency of the legal person.
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    PARTICULARITĂȚILE RĂSPUNDERII SUBSIDIARE A MEMBRILOR ORGANELOR DE CONDUCERE A DEBITORULUI INSOLVABIL PENTRU FAPTA DE ȚINERE A CONTABILITĂȚII FICTIVE SAU CONTRARE LEGII
    (Artpoligraf, 2020) Iosip, Andrei
    he application of the institution of the subsidiary liability to the members of the managing bodies of the insolvent debtor increased at the same time when the Moldovan Parliament adopted a new insolvency law on 29 June 2012. The analysis of this institution represents a practical interest, trying to identify the conditions of applicability, the elements of probation, the trial procedure and the juridical nature and the extent of the damage. Through this article, I have tried to specify the special conditions for employing the subsidiary liability for keeping fictitious or against the law accountancy. In practice, the application of this institution is complex and involves a very rigorous analysis of those circumstances which are necessary for applying the subsidiary liability to the responsible persons which have caused or aggravated the insolvency of the legal person.
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    Particularitățile răspunderii subsidiare pentru plățile preferențiale executate în luna anterioară insolvabilității debitorului
    (CEP USM, 2024) Iosip, Andrei
    The insolvency process represents an efficient mechanism that sustains the economic dynamism of states. The institution of holding individuals subsidiarily responsible has its origins dating back to ancient times, with significant regulations being developed by ancient and medieval legislators. The institution of subsidiary liability serves as an effective mechanism capable of compelling the members of the debtor’s management organs to be accountable for fraudulent actions committed with the intent to defraud the creditors of the debtor estate.