Institutul de Cercetări Juridice, Politice şi Sociologie (ICIPS)

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    Impactul social al activității de prevenire a torturii
    (CEP USM, 2024) Pozneacova, Veronica
    Prevenirea torturii include un șir de măsuri axate pe instruire, informare și monitorizarea regulată a locurilor de detenție cu scopul promovării unor modificări sistemice pe termen lung și crearea condițiilor în care este puțin probabil ca rele tratamente să fie comise. Prin implementarea acțiunilor cu scopul prevenirii aplicării torturii, tratamentului inuman și degradant în locurile de detenție se urmărește garantarea respectării demnității umane, a drepturilor persoanelor private de libertate, restaurarea echității sociale. Aplicarea torturii și a relelor tratamente fața de persoane, care anterior au săvârșit infracțiuni nu reprezintă triumfarea echității și răspunderea infractorului pentru durerea cauzată victimei, ci, din contra, determină creșterea volumului răului, suferinței și a urii în societate. Pe de altă parte, tratamentul uman al persoanelor private de libertate, acordarea asistenței psihologice, psihiatrice, sociale, juridice și de altă natură, crearea programelor de resocializare oprește “cercul violenței”, permite reintegrarea socială a persoanelor, care anterior au comis infracțiuni și previne recidivă și repetarea comportamentului.
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    Corupția în Republica Moldova: provocări și soluții în contextul integrării europene
    (Editura USM, 2024) Cemortan, Daniel
    Corruption in the Republic of Moldova represents a major obstacle to economic and social development, negatively affecting the functioning of public institutions and citizens' trust in them. Although the fight against corruption is very useful for the European Integration process, it is difficult because of the deepening of the phenomenon in governance structures and social mentality. In order to effectively fight corruption, it is necessary to apply rigorous policies inspired by successful European practices and to tighten anti-corruption legislation. Increasing salaries and offering favorable economic conditions can reduce the attempt to commit acts of corruption among public officials. The European integration of the Republic of Moldova depends on the success in the fight against corruption and the promotion of deep reforms to strengthen the rule of law. Due to the active involvement of civil society and independent media, they play an important role in strengthening democracy by exposing corrupt practices and by constantly putting pressure on the authorities to act transparently and responsibly. These entities function as a check and balance mechanism, ensuring that abuses of power are brought to public attention and that those responsible are held accountable, which con-tributes to the creation of a fairer political environment and the advancement of the European Integration process.
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    Armonizarea legislației anticorupționale ale republicii moldova la standardele europene – element cheie întru asigurarea securității naționale
    (Editura USM, 2024) Guștiuc, Ludmila
    The harmonization of anti-corruption legislation to European standards is a multidimentional process, involving several legal aspects. These aspects reflect the complexity of the harmonization process to the European Union standards and underline theneed for a sustained and coordinated effort both at the national and at the European level. The harmonization of anti-corruption legislation is crucial for ensuringt national security, as it con-tributes to the stability and integrity of public institutions, ensures efficient management of resources, protects infrastructure and promotes a stable and secure economic and social environment.
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    Unele aspecte ale prevenirii infracțiunilor contra familiei și minorilor
    (Editura USM, 2024) Faigher, Anatolie; Graur, Violeta
    The criminal law aims to defend against crimes, the person, his/her rights and freedoms, property, environment, constitutional order, sovereignty, independence and territorial integrity of the Republic of Moldova, peace and security of mankind, as well as the entire order of law. In order to achieve the purpose of the criminal law, the protection of the family and minors, who are part of society, takes place. The importance of studying this subject lies in the fact that the family and minors, first of all, are a cell of society, which must be protected from possible crimes, children being the continuity of humanity. Secondly, they are vulnerable and easily exposed to being a victim of, or even a party to, a crime. Thirdly, healthy and beneficial principles and values of a member of society are learned in the family, so it follows that the family is an instrument of a better future. Last but not least, the protection of the family and minors is crucial for the well-being and development of a healthy society. Protecting minors from abuse, neglect and exploitation is essential for ensuring a happy childhood and for forming responsible and balanced adults in the future.
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    Măsurile de constrângere cu caracter medical în dreptul penal prin prisma protejării drepturilor și libertăților
    (Editura USM, 2024) Nastas, Andrei; Botnari, Ion
    In the Republic of Moldova, the application of coercive medical measures appeared as a critical and controversial aspect of the governance of medical assistance, generating complex questions of an ethical, legal and social nature. As a sovereign nation at the crossroads of Eastern Europe, Moldova faces challenges posed by infectious diseases, mental health crises and public health emergencies. The importance of implementing medical restraints stems from the need to protect public health, prevent the spread of communicable diseases and effectively address mental health issues. Medical coercion involves measures such as involuntary hospitalization, mandatory quarantine, and mandatory treatment, sparking debates about individual autonomy, human rights, and the role of the state in health decision-making. This against the backdrop of several states, facing the delicate task of balancing public health imperatives with the protection of individual liberties. This introduction explores the multifaceted nature of medical coercion in the Republic of Moldova, examining the legal frameworks, ethical considerations and public discourses surrounding its application. Delving into the complexity of this issue, we aim to shed light on the significance of navigating the delicate balance between public health requirements and the rights of people in the Republic of Moldova.
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    Despre înţelesul noţiunii de „violenţă”, ca act de provocare
    (Editura USM, 2024) Ifrim, Ion
    The judicial practice is sometimes confronted with the problem of defining the notion of "violence", in the sense of the provisions of Article 75 of the Romanian Penal Code. As is well known, the cited provision regulates three hypotheses that may give rise to the attenuating circumstance of provocation and, consequently, to the application of a differentiated regime of punishment of the offender. In analyzing the text of Art. 75 para. 1 Penal Code - two opinions can be formulated in relation to the meaning of the term "violence"; according to one of them, this notion must be understood as a physical act of violence, while according to the other, the cited provisions are also applicable to mental violence, i.e. threat. We will try to present the arguments in favor of each of these theories.
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    Efectele criminalității cibernetice asupra securității naționale a Republicii Moldova
    (Editura USM, 2024) Bencheci, Marcel; Panfilii, Nicolae; Hîrbu-Bencheci, Diana
    Ensuring the informational security and cyber protection of the Republic of Moldova is a state obligation. The situation that has arisen recently in the post-Soviet space, including audiovisual informational re-sources from the Russian Federation, has begun to have a particularly negative impact on the observance of human rights, state security, and the consolidation of the status of a sovereign, independent, and integral state. The effects of cybercrime on national security derive from the way technology is used by hostile elements and malicious individuals. Currently, cybercrime is no longer significant beyond the fields of IT risk management and law enforcement.
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    Atribuțiile secretarilor și secretarelor autorităților publice locale (APL) în domeniul electoral
    (Editura USM, 2024) Soroceanu, Igor
    LPA competences are the set of rights and obligations of local public authorities in the fields of activity that are established for them. In order to achieve their competences, local authorities have at their disposal financial, institutional, patrimonial and human resources. These, all cumulative, determine the administrative capacity of each individual authority.
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    Unele aspecte privind respectarea citării legale în cazul încheierilor de înlăturare a neajunsurilor în contencios administrativ
    (Editura USM, 2024) Chiper, Natalia
    Along with the development of information technologies, the needs of society also change, and the integration of information technologies in the field of justice not only meets the modern needs of society, but also contributes to increasing the efficiency, accessibility and transparency of the legal system. Rapid and well-planned adaptation to these changes is essential to ensure a fair and efficient justice system in the digital age, provided that the normative base is also adapted in parallel. Thus, a more fragile aspect, arising from the period of the digital era that we are witnessing, is the compliance with the legal summons in administrative litigation taking into account the legal provisions, in particular we are referring to CA RM, which, at the moment, requires clarity, changes, additions or the development of a complex legal mechanism where emphasis was placed not only on the role of the court, but also on other actors who directly participate in the process of legal summons, such as Moldovan Post and public authorities.
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    Ultra vires și depășirea competențelor curții de justiție a Uniunii Europene în lumina spețelor Junk vs. Kühnel și Mangol vs. Helm
    (Editura USM, 2024) Poalelungi, Mihai
    The subject of the scientific research are the ultra vires acts of the Court of Justice of the European Union analyzed from the perspective of the Republic of Moldova in connection with its submission of the application for accession to the European Union. National legal preparation tends to maintain a vigilance both in temporal and in the light of jurisdictional actuality. Thus, the confrontations of the Court of Justice of the European Union with that of the Constitutional Court of the Federal Republic of Germany, whose magistrates are considered modern titans of European courts, are analyzed. The presentation of the reasoning in concreto serves to raise legal awareness in the Republic of Moldova both for national legal education as well as for national courts. Ultra vires acts are not a novum. However, it is a rarity and can be analyzed deeper in a multi-layered system of law, such as that of the European Union. This research provides the national jurisprudence with a legal "memorandum".