2. Articole
Permanent URI for this collectionhttps://msuir.usm.md/handle/123456789/109
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Item Contemporaneitatea şi novaţiile contractului internaţional de transport rutier de mărfuri – perspective şi provocări(CEP USM, 2024-09-20) Bajurea-Ostrofeţ, ElenaThe purpose of this paper is to describe the main challenges which confronts the applicability of the contract for the international carriage of goods by road, as well as the resilience measures adopted in response to them. The aims of this research cover the innovative perspective analysis of the contract for the international carriage of goods by road. Its novelty consists in the research of the legislation adopted to fight with the consequences of the challenges which affect the applicability of the contract for the international carriage of goods by road. The implementation of the scientific results will be realized through the future development of the theoretical foundations and practical aspects in the content of the doctoral dissertation on the topic: "The importance and challenges of the contract for the international carriage of goods by road in the 21st century".Item Urmărirea bunurilor digitale(CEP USM, 2024) Căpățînă, MihaelaThe continuous and accelerated evolution of society necessitates the development and adaptation to current realities in all social spheres, including the justice system, where digitalization is no longer an aspiration but a pressing necessity. The digitalization of justice, including civil proceedings, entails not only the modification of civil procedural legislation but also the implementation of viable mechanisms that align with the technological level of societal development. By digitalization of justice, we understand the process of adopting and integrating digital technologies within the judicial system and the administration of justice. Undoubtedly, the integration of digital technologies also pertains to the execution procedure, which is the most complex and crucial stage in a civil process, upon the effectiveness of which largely depends the achievement of the ultimate goal of the civil process. The tracking of digital assets involves the process of identifying, monitoring, and authenticating rights and ownership of digital objects and elements in the virtual or online environment, for the purpose of executing tasks and achieving the objectives of the execution procedure. Achieving these goals requires amendments to both civil and civil procedural legislation, considerations which will be examined in the present study.Item Digitalizarea în domeniul sănătății și protecția drepturilor pacienților: analiza riscurilor și măsurile de contracarare(CEP USM, 2024) Pisarenco, ConstantinResearch Objective: Comprehensive analysis of the impact of digitalization on patients’ rights and safety in the context of legal violations in healthcare. Materials and Methods: Analysis of relevant domestic and foreign literature sources, as well as normative legal acts, was conducted. Literature search was carried out in scientific libraries and the informational legal system “State Register of Legal Acts of the Republic of Moldova.” Results and Discussion: Identified two key aspects of the impact of digital technologies on healthcare: positive changes, such as improved accessibility and personalization of medical services, and negative consequences, including the growth of cyber threats and data confidentiality issues. Discussed the need for a comprehensive approach to mitigate these risks, combining technological, organizational, and legal measures. The importance of future research on the impact of the latest technologies on data security and patients’ rights is noted. Conclusion: Digital technologies have improved healthcare but created challenges, including cyber threats, which require an integrated approach that combines technology, law, and education, as well as public-private partnerships and international community.Item Importanța funcționării în Republica Moldova a registrului împuternicirilor de reprezentare – MPOWER(CEP USM, 2024) Mihalaș, IonThe article presents the main advantages of the implementation in the Republic of Moldova the automated information system „Register of powers of representation based on the electronic signature (MPower). The objectives of the research are determining the social, legal and technical nature of the MPower service. The MPower service, represents an information system consisting of a set of resources and information technologies, technical means of program and methodologies, located in interconnection, intended for the recording of powers of representation based on the signature electronic, granted by individuals or legal entities to other individuals or legal entities. Also, we referred to some aspects related to the impact of information and communication technologies in the sphere of public administration, which is causing rapid and multiple transformations.Item The influence of martial status in Ukraine on digitalization processes in the context of civil law(CEP USM, 2024) Shevchuk, Oleksandr; Kiriiak, OksanaIn view of the forced changes in the social life of Ukrainians, which were caused by the introduction of a special legal regime - the martial law regime by the corresponding decree of the head of state, many temporary changes in society arose. The most complete picture of such regularities can be traced in the legal field, in which various aspects of people’s existence find their manifestation. One of these was the right to access the Internet as a tool for realizing the information transformation of the state, in particular, legal phenomena that make up the general paradigm of understanding certain processes, that is, in the combination of the information field and legal reality. The purpose of the study was to analyze changes in the dynamics of digitalization within the law, which to some extent became on the rails of wartime. Such a direction should demonstrate the relentless development of digital technologies, which seem to “keep up with the times”, which will certainly have an exclusively positive meaning described in this study. The importance of its conduct lies in the search for keys to solving certain problems inherent in both peacetime and wartime, however, in general, an analysis was provided and the prospects for the development of this direction in the Ukrainian space, primarily legal, were provided.Item Online vs offline arbitration in the field of resolving commercial disputes(CEP USM, 2024) Voloshchyuk, Victoria; Kiriiak, OksanaIn the article author declared that in the digital era, the digitization of civil-law relations and institutions, among which arbitration occupies an important place as an effective way of resolving commercial disputes, is an objective process that will simplify procedures and save time and funds. Obviously, online proceedings, hearings and meetings will not replace the offline format, but they have every chance to become an even better addition to the arsenal of official communication in the field of resolving commercial disputes between foreign partners. Also it is pointed that In the context of globalization of the modern world, commercialization and convergence of legal systems, businessmen who do business in different regions of the world are looking for new more mobile and effective means to resolve disputes, which would allow not only to save time, but also to qualitatively resolve the dispute on acceptable terms for both parties. It has long been necessary to recognize that international commercial arbitration is such a means. It is this alternative means of resolving commercial disputes, which is permeated with the principle of autonomy of the will of the parties, gives broad opportunities for the parties to choose the place of arbitration, language, rights on the basis of which the dispute will be resolved, as well as the arbitrators themselves. Undoubtedly, such opportunities place arbitration in a more favorable position in relation to the state court, where the parties must be aware of the law of the forum, speak the language of the proceedings and follow the clearly procedural rules of the state of the dispute.Item Possibilities of using digital technologies in the field of private law(CEP USM, 2024) Getmantseva, N.D.; Protskiv, N.M.In the report it is proved that the modern period of social development, reflected in the system of reforms of a political, economic, and social nature, requires the adaptation of legal problems that will arise on the one hand when using digital technologies, taking into account the advantages in the economic sense, on the other - guaranteeing with the help of the entire civil-law toolkit effective protection for the realization of property and personal non-property rights. It was stated that not the last role in this should be played by the state, whose task, in the form of legislative bodies, is the formation of new civil law structures in such a way that they can naturally correlate (combine) with the basic elements of the mechanism of civil law regulation, that is, in the legislative process it is necessary to use balanced paradigm of balance and flexibility.Item Aspecte juridice ale guvernării electronice(CEP USM, 2024) Mihalaș, IonThis article highlights the achievements and prospects of modernizing electronic services in the Republic of Moldova. We referred to some aspects related to the impact of information and communication technologies in the sphere of public administration, which is causing rapid and multiple transformations. We have also highlighted the strategic development lines of government, which at the level of our country are reflected in the following: the rendering of improved public services through the use of e-government, the promotion of the adoption of e-government services, the optimization of the use of ICT in government operations.Item ABORDAREA CONTRAVENȚIILOR ÎN SITUAȚII EXCEPȚIONALE GENERATE DE PANDEMIA COVID-19(CEP USM, 2021-12-08) Mangîr, Vlada; Pantea, OlegThe COVID-19 pandemic has put its trademark on the 21st century, not only due to the impact it had made on the economic, social and justice sectors, barring the overlap with the digital era. The already developing digitalization process that has started ever since the early 90’s has faced a major turbulence, with the new virus allowing the experts to broaden their perspective on how to use technology to the best interest of the collective, in order to keep the communities safe. This key factor has highlighted that the pandemic has rather stimulated the development of the digital current, mirroring a symbiotic cau- se-effect relationship between the two. This being said, digitalization has been appointed as a pivotal means of governance. The increased contraventions and the ignorance of the judicial system to the pandemic waves, has reflected the mandatory update of the digital tools in our era for catalyzing cyber justice.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.