Facultatea de Drept / Faculty of Law

Permanent URI for this communityhttps://msuir.usm.md/handle/123456789/6

Browse

Filters

2019 - 201912020 - 20214

Settings

Author: search.filters.author.Pantea, OlegSubject: search.filters.subject.contravention sanctions

Search Results

Now showing 1 - 5 of 5
  • Thumbnail Image
    Item
    LEGAL CHARACTERISTICS OF THE CONTRAVENTION ARREST IN THE REPUBLIC OF MOLDOVA
    (2019) Pantea, Oleg
    The material published contains information about the application of the contravention sanctions by the court - the arrest, as an exceptional punishment. The proposed study reveals the definition, particularities and conditions of the arrest application in terms of the principle of freedom, expressed both in national and international norms. At the same time, the cases and categories of persons are highlighted to whom the contravention arrest cannot be applied, as well as the exception of unconstitutionality for some causes. An important part of the work is the procedure and the conditions set by the legislator for the execution of the arrest sanction, as well as the national statistics on the number of the contraveners for whom the arrest was applied.
  • Thumbnail Image
    Item
    THE SPECIFIC OF "CONTRAVENTION FINES" IN THE LEGAL REGULATION OF THE LEGISLATION OF THE REPUBLIC OF MOLDOVA AND ROMANIA - ELEMENTS OF COMPARATIVE LAW
    (2020) Pantea, Oleg
    The published material reveals clear information about the application by the empowered body of the state of the contravention sanction - the fine, as a pecuniary punishment, approached through the legislation of the Republic of Moldova and Romania - comparative aspect. The proposed study highlights the particularities and conditions of the application of the contravention fine, considering the degree of social danger regarding the committed action, the circumstances of the commission of the action and the personal circumstances of the contravener. At the same time, were approached the exceptions of unconstitutionality in both states regarding contravention provisions. An important section of the study was dedicated to the effects concerning the failure to pay the fine.
  • Thumbnail Image
    Item
    SIGURANȚA CETĂȚENILOR ÎN CONTEXTUL COVID- 19 GARANTATĂ DE LEGISLAȚIA CONTRAVENȚIONALĂ: STUDIU DE CAZ
    (CEP USM, 2021-12-08) Donțu, Raluca-Rusanda; Pantea, Oleg
    The article revealed a case study on the safety of citizens in the context of Covid-19 guaranteed by the contravention legislation. In this context, we referred to the issues con- cerning the competence of the institutions to provide solutions to combat the pandemic, but we also examined what things have been done so far in solving this problem. The investigations used materials provided by the decisions, the reports that are in force, but also the information from the media, with real examples. At the same time, the legal analysis of the contraventions that are applied was per- formed, in terms of the contituent elements. And to eliminate the problems, we also exem- plified some more active enterprise measures to integrate information and communicati- on technology in the processes of governance, to inform the public more efficiently and to improve the accessibility of the information provided.
  • Thumbnail Image
    Item
    ASIGURAREA SECURITĂȚII ECONOMICE CA VALOARE FUNDAMENTALĂ A SOCIETĂȚII DEMOCRATICE PRIN ANALIZA JURIDICĂ A CAP. XV COD CONTRAVENȚIONAL
    (Artpoligraf, 2021) Pantea, Oleg
    The proposed paper contains a general analysis of more specific categories of contraventions, regarding a complex of values: entrepreneurial activity, taxation, customs activity and securities. Thus, the article presents aspects regarding the preexisting conditions of the contraventions in this category, their constitutive contents, the forms and ways of commission, as well as the applicable sanctions. Due to the complex analysis of these elements, the objective legal qualification of the facts can be performed, the degree of social danger and the limits of their sanctioning can be determined. Establishing these contraventions is necessary for the defense of the rights and legitimate interests of the person, the defense of property, public order and other values protected by the contravention law. Starting from the hypothesis that one of the national priorities of the Republic of Moldova in the 21st century is to ensure economic security, from the beginning of this paper we have to highlight the generic object of the given contraventions, consisting of four large groups of social relations resulting from the title of the chapter: entrepreneurial activity, taxation, customs activity, securities. The illustrated official statistics regarding the commission, establishing, sanctioning of the contraventions provided in chapter XV of the Contravention Code had an important contribution to the elaboration of the paper. The granular data led to a better understanding of the ways and means the authorities fight against the phenomenon of economic contravention, but also the effectiveness of prevention measures, by comparing the information from year to year. In the content of the work, the presence of the material object in some contraventions was mentioned, namely, the physical entity affected by the commission of the contravention. Not least, as a result of the research, the subject of the contraventions was established, the individual and the legal entity, including the presence of the special subject – the responsible person and the person with a position of public dignity. We believe that the proposed material will be useful for the students from the law faculties, but also to be implemented by the legal practitioners.
  • Thumbnail Image
    Item
    ROLUL AGENȚIEI NAȚIONALE TRANSPORT AUTO ÎN PREVENIREA ȘI COMBATEREA CONTRAVENȚIONALITĂȚII: STUDIU DE CAZ
    (CEP USM, 2021) Pantea, Oleg
    În articol a fost relevat un studiu de caz privind constatarea faptelor contravenționale de către autoritatea administrativă „Agenția Națională Transport Auto” (ANTA). În context, ne-am referit la două aspecte importante: competența cu privire la constatarea faptelor contravenționale și competența cu privire la examinarea cauzelor contravenționale. La realizarea investigațiilor au fost utilizate materialele oferite de reprezentanții ANTA în cadrul ședințelor organizate de către conducerea instituției, statistica contravențiilor constatate, practica aplicării sancțiunilor contravenționale, formulare de acte procesuale interne ș.a. Totodată, a fost realizată analiza juridică a contravențiilor care sunt de competența ANTA prin prisma elementelor constitutive.