2. Articole
Permanent URI for this collectionhttps://msuir.usm.md/handle/123456789/109
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Item Demnitatea umană – sursă și fundament al drepturilor și libertăților omului în secolul XXI. Partea II(2022) Dorul, Olga; Cazacu, DoinaDupă cum a fost prezentat în prima parte a acestui demers ştiinţific, el are drept scop identificarea situaţiilor particulare iscate din noile realităţi în care demnitatea umană urmează a fi protejată. Un aspect important în acest sens îl constituie respectarea demnităţii umane în condiţiile de privare de liberate şi detenţie. Or, aplicând măsuri coercitive, statul are mai multe obligaţii pozitive pe care trebuie să le onoreze, care reprezintă drepturi fundamentale ale omului: dreptul la viaţă şi integritate fizică, dreptul de a nu fi supus relelor tratamente. Vom finaliza studiul prin expunerea aspectelor etice şi juridice ale impactului sistemelor de inteligență artificială (IA) asupra demnităţii umane.Item REPERE JURIDICE ÎN DEZVOLTAREA ŞI IMPLIMENTAREA SISTEMELOR INFORMAȚIONALE(CEP USM, 2021-12-08) Mocanu, VeronicaDuring the last period, more and more companies as well as state institutions trend to optimize and digitalize their activities by developing and implementing new informa- tional systems, programs, softs, etc. However, not all the time, legal aspects are well con- sidered. Therefore, hereby article, relieve the most important legal aspects which should be considered in the context of the development and deployment of the new technologies. This paper examines steps which should be performed by interested in development bo- dies, as well, as presents detailed information related to the ethical aspects which should be considered in context of the development of new technologies.Item RAȚIUNEA DE A FI A STATULUI DE DREPT ÎNTR-O LUME DIGITALĂ(CEP USM, 2023) Margineanu, ValentinCurrently, the concept of the rule of law, like the entire legal structure, is facing new challenges. Two of these challenges are the globalization and the digitalization. The globalization implies a very close interaction of different legal and state constructions, including different practices of the rule of law. The forms of globalization include the unification of procedures and increasing the role of the judicial power, legal transplant or legal acculturation, and the internationalization of international law. With reference to digitization, there is a very pronounced trend on the conceptualization of the digital state or digital order. The digital reality, the virtual space and the artificial intelligence pose sufficient risks to fundamental human rights and freedoms. Both globalization and digitalization imply important adjustments of the mechanisms of the rule of law in order to guarantee the human rights in the new conditions of social reality.Item RĂSPUNDEREA JURIDICĂ A SISTEMELOR INTELIGENȚEI ARTIFICIALE. POATE UN SOFTWARE INTELIGENT SĂ COMITĂ O INFRACȚIUNE?(CEP USM, 2022-03-17) Calac, VictorAI (Artificial Intelligence) has become a popular topic in academic and public discussions about the future of technology, but at the same time, it has caused revolutionary changes in the world. Given that AI enables society to automate more tasks and automate to a larger extent than before, who or what is responsible for the benefts and harms of using this technology? And, if this problem should be tackled pro-actively in the domains of technology and policy, what does the development of “responsible AI” mean? This is not only a philosophically interesting, but also a very practical, problem that urgently needs more conceptual work. This study discusses the problem of responsibility attribution raised by the use of artificial intelligence technologies.Item PRINCIPIILE DIGITALIZĂRII JUSTIȚIEI(CEP USM, 2022-03-17) Țurțurica, Maria-СristinaThe digitalization of judicial services became a stringent necessity, especially during the worldwide COVID-19 pandemic. Many courts managed to stay operational mainly due to availability of information technologies that they could use, which allowed access to justice for litigants. By using videoconferencing and various online communication platforms, courts across the globe conducted, during 2020-2021, thousands of remote trials. While judicial e-services were essential to ensuring courts’ resilience and operabi- lity in crisis times and rapid digitalization of the judiciary sounds enticing, it is crucial to promote and implement it carefully, in strict observance of human rights and liberties. Principles governing the functioning of state powers and of the judiciary characteristic for a democratic society, should also be respected. Various international and regional bodies adopted numerous principles for the digitization of public services in general and for digitalization of judicial services in particular. This article identifies and describes various principles that should govern the process of digitization of judicial services, so that the rights of litigants and other parties to a case are not infringed.Item TEHNOLOGIILE – CADRU DE DEZVOLTARE PENTRU DOMENIUL JURIDIC(CEP USM, 2022-03-17) Mocanu, VeronicaGiven the technological developments of the last 50 years, we are certain that these years will go down in history as a period characterized by the evolution of information technology. During this time appeared the concept of capitalizing on information and Internet, new tools, mechanisms, and even algorithms for processing of information were developed and implemented. Society not only creates information, but is dependent on information, or this element of the new reality feeds the functional context of the organizational processes of the new society. Thus, this article proposes to address the regulatory context and the framework of actions needed to be taken from the perspective of relating the new reality to the usual living environment.Item PRESTAREA SERVICIILOR JUDICIARE: SCHIMBĂRI DE PARADIGME PRIN DIGITALIZARE(CEP USM, 2021) Țurțurica, Maria-CristinaThe global pandemic caused by the COVID-19 virus has caused profound changes in the way social life is organized, leading to multiple and rapid changes in the way public services, including judicial services, are provided. The resilience of the courts, which is a necessary precondition for them to continue their activity during state emergency and health emergency situations was ensured largely by a change in the paradigm of how judicial services are offered - from judicial services provided with the physical presence of the parties to the provision of digital judicial services. This article describes and analyzes the effects of these changes on the transparency, efficiency and accessibility of judicial services in the Republic of Moldova. At the same time, it analyzes the international trends and principles of using artificial intelligence in the justice sector, this being an emerging tool for digitalized judicial services.