Facultatea de Drept / Faculty of Law

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Start date: 2010Subject: search.filters.subject.justice

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    Independenţa justiţiei – aspiraţie invariabilă a constituţionalismului european [Articol]
    (Editura USM, 2025) Popovici, Cristina
    European constitutionalism aims to energize European societies by serving as a means of regulating social and political relations of paramount importance, leading to the continuous development of the principles of the rule of law and the establishment of a system of checks and balances. In this context, justice represents one of the fundamental ways of ensuring and safeguarding respect for citizens’ rights and freedoms without any discrimination. It is carried out solely in the name of the law and exclusively by judicial authorities. Any judicial activity must be grounded in the fundamental principles of the organization and functioning of justice, designed to ensure the unity and efficiency of the act of justice. The goal is the realization of legitimate human rights and freedoms.
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    Transparenţa în procesul decizional al Parlamentului – o garanţie a încrederii reciproce dintre stat şi cetăţean [Articol]
    (Editura USM, 2025) Rusu, Viorel
    Global experience demonstrates that a sustainable civil society is a fundamental prerequisite for building the rule of law, enabling the full expression of civil society institutions. These institutions provide citizens with a tangible opportunity to engage in the legislative process. Consequently, the modern constitutional state aligns with a contemporary civil society characterized by traits such as a developed system of independent and active civic associations (a pluralistic society), effective influence over authority, a high degree of civic consolidation, civic awareness, and various other features that have evolved during the maturation of a qualitatively new societal paradigm.
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    Principiile fundamentale ale sistemului economic al Republicii Moldova [Articol]
    (Editura USM, 2025) Guceac, Ion; Garştea, Nina
    The economic system is an essential component of any society, which determines the efficiency and perspective of economic relations, the management of production factors, including land, capital, labor and physical resources, by establishing a legislative system that regulates economic activities in the state, considering the values and trends of a society. The constitutional principles of the economic system have the prerogative to ensure the legal and institutional basis for carrying out economic activity in the spirit of equal rights, transparency and sustainability, with the aim of promoting sustainable development, innovation and social equity, improving justice and increasing general well-being, by establishing efficient mechanisms for the administra- tion and exploitation of resources and the distribution of its revenues. Thus, the importance and topicality of this research derives from the key role of the constitutional economic system, as a tool for shaping the economic structure and guaranteeing governance through the prism of the country’s economic interests. In essence, the constitutional economic system represents the legal and institutional framework that regulates the functioning of the economy in a state. This system establishes the fundamental principles and basic rules that guide economic activity, thus ensuring a balance between private and public interests, between economic freedom and social responsibility.
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    Statul de drept – de la valori spre politici
    (CEP USM, 2024-11-07) Vasiliu, Liuba
    The rule of law is the guarantee of fundamental rights and freedoms. The mechanisms and standards of the rule of law must meet and correspond not only to the social and economic needs of citizens but also to their moral commitment. In the context of an open world and interand intrastate connections, we could talk about unique standards and mechanisms that would guarantee the rule of law.The purpose of this article is the ontological and axiological substratum of the rule of law, as well as the perception of justice as a constitutive element of the rule of law.
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    Obiectul încrederii publice în instanţe judecătoreşti. Delimitări conceptuale
    (CEP USM, 2024-11-07) Milicenco, Ștefan
    The goal of this study is to establish the conceptual delimitations regarding the object of public confidence in the judiciary. In accordance with Article 6 § 1 of the European Convention on Human Rights, the courts in a democratic society must inspire confidence in the public. The measurement of public confidence in the judiciary has become common practice in the Republic of Moldova. However, there is no common ground on the terms used in surveys to express the object of assessed confidence: the terms „justice” and „judiciary” seem to be used interchangeably. The paper argues that precision is of paramount importance, as ambiguous wording can affect the quality of collected data and subsequent conclusions. Also, the paper proposes the most suitable term in this respect.
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    Reflecţii privind dreptatea şi echitatea
    (CEP USM, 2024-11-07) Mărgineanu, Valentin
    It is demonstrated that justice and equity are not just legal categories, but have a pronounced social and ethical character, which is why the law cannot monopolize justice and equity. Through the lens of these categories, an external assessment of the state’s actions and the content of the law is carried out. The main ways of conceptually approaching of justice and equity are analyzed. The idea that fundamental human rights can only be realized through justice and equity is upheld. A distinction is made between legal justice, social justice and individual justice. The concrete forms of expressing the justice and equity are examined in the positive national law of the Republic of Moldova.
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    Actualizarea reperelor normative naționale inerente statului social [Articol]
    (CEP USM, 2024) Guceac, Ion
    The article describes some important aspects of the scientific and normative benchmarks of the welfare state. The opportunity of approaching this topic is determined not only by the absence of the concept of the social state as a legal category in the legal literature of the Republic of Moldova, but also by the need for normative enshrinement of favorable conditions for the full development of citizens’ personality, rights, and equal opportunities. In this context, it is noted that the imperative of the social state consists of goals and objectives that ensure, in fact, the welfare of people, peace and social equity, as well as guarantee the protection of human rights and freedoms and citizens. The social state can only be considered to be a state which ensures a robust social policy geared to securing the rights, freedoms, and interests of individuals. In recognition of the fact that in the Republic of Moldova, the formation of the social state is at an initial stage, it is proposed to develop a Concept of the Social State.
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    Protecția mijloacelor din fonduri externe în legislația penală a Republicii Moldova
    (CEP USM, 2024) Pântea, Serghei; Croitor, Dionis
    Seven years after the adoption in 2016 of Law no. 105 to amend the Criminal Code of the Republic, and since 2022 Moldova has been granted by the European Union the status of a country-candidate for accession, the Government of Moldova brings back to the discussion the subject of the protection of financial means from external sources. The allocation of funds and financial support are eloquent tools in supporting the democracies and economies of states in transition, and the Republic of Moldova is not an exception, while the protection of the financial means of the European Union becomes more significant in the process of accession. In order to ensure a clearer intervention, into the legislation, we argue that the 2023 Draft law faces some deficiencies, and we suggest some remedies for purpose of improvement.
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    Reflecții asupra proiectului de amendare a art. 306 Cod penal: pornirea ilegală a urmăririi penale şi tragerea cu bunăştiinţă la răspundere penală a unei persoane nevinovate
    (CEP USM, 2024) Pântea, Andrei; Pântea, Serghei
    The criminal law recognizes that the entire legal regulation is intended to protect, as a priority, the person as the supreme value of society, his rights and freedoms. Deprivation of these rights and liberties is the most severe form of coercion in our judicial system and is an exclusive prerogative of justice. Crimes „against justice” protect not only the values that result from the activity of the courts, but also the activities of the authorities that contribute to the administration of justice. Recently, an initiative to amend art. 306 of the Criminal Code was announced. We argue that the amendment complicates the legal construction offence and will impede the criminal prosecution. The application of art. 306 of the Criminal Code must not become a matter of opportunity, conjuncture and exclusively formal, but rather a matter of last resort, and later systemic amendments should be considered resulting from a deep and comprehensive analysis.
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    Noua metodologie de instruire în cadrul Institutului Naţional al Justiţiei și-a confirmat eficacitatea. Revista Procuraturii Republicii Moldova, 2019, nr. 3, pp. 19-21. ISSN 2587-3601
    (2019) Scobioală, Diana
    Developing the institutional capacity of authorities in the justice sector is a necessity dictated by the imperatives of a time when the rule of law and ensuring respect for human rights and fundamental freedoms are the basic prerequisites for the existence of a truly democratic society. Taking into account these imperatives, stands out the importance of the initial/continuous training of judges/prosecutors at the National Institute of Justice, which is constantly improving its training methods, taking into account the remaining issues in the domain.