Facultatea de Drept / Faculty of Law

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Start date: 2020Has files: Yes

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Now showing 1 - 10 of 2221
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    Inadmisibilitatea probelor obţinute prin provocare
    (CEP USM, 2024) Valah, Patricia
    The relevance of this study lies in assessing how the prosecution authority manages the evidence, with a particular emphasis on the role of undercover agents, as well as identifying its role and limitations in this regard, which is crucial, because there must be a clearity whether the issue of „entrapment” currently constitutes a substantive legal problem or a procedural legal problem, as this can have a significant impact on how cases are handled in court. The respective work focuses on defining the concept of inadmissibility of evidence obtained through entrapment.
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    Controlul legalităţii actelor Băncii Naţionale a Moldovei de constatare a acţionării concentrate
    (CEP USM, 2024) Sorocean, Adrian
    The negative developments in the banking sector of the Republic of Moldova, in the period 2011-2014, generated significant concerns at the international level, imposing the need to improve corporate governance within financial institutions. The explanation of the particularities of the control of the legality of the documents issued by the National Bank of Moldova regarding the finding of concerted action, which leads to the restriction of the ownership rights of the shareholders, are constant concerns of the national jurisprudential practice.
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    Aspecte teoretice şi practice referitoare la asigurarea protecţiei datelor cu character personal
    (CEP USM, 2024) Danilov, Valeria
    The current internet era is characterized by remarkable technological advancements, allowing for the massive collection and processing of personal data. The storage and analytical capacity are virtually unlimited, transforming seemingly insignificant information from everyday life into complex digital profiles. Privacy and personal data protection have become essential in modern society, demanding innovative legal and policy frameworks for understanding and appropriately regulating the technological implications.
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    Cerinţe de admisibilitate a probelor dobândite de la martorii anonimi în procesul penal al Republicii Moldova
    (CEP USM, 2024) Oganesean, Cătălina
    Research field of the paper is the most current theoretical-applicative problems, as well as the methodological aspects regarding the applicability of the institution of the anonymous witness in the criminal process, some concepts of major importance for the national doctrine and practice being revealed. Through the research carried out, a complex investigation of the theoretical-legislative aspects regarding the admissibility of evidence from anonymous witnesses in the criminal process was carried out. The paper contains conclusions and recommendations that can constitute a scientific foundation for possible legislative changes.
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    Asociaţia de proprietari din condominiu
    (CEP USM, 2024) Prijilevschi, Rodica
    The institution of the Condominium Owners Association is a very young one in the Republic of Moldova. During its existence, a multitude of changes were developed, and the most essential is the one from 2022, namely the adoption of Law 187 regarding the condominium. In order to analyze the problems, benefits and gaps in the condominium legislation, the research of the given theme was initiated with the evolution of the first Associations of owners in the world and those of the Republic of Moldova. In addition, the legal framework of other states regarding the condominium was researched in order to identify more efficient solutions in order to implement them including in the Republic of Moldova.
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    Răspunderea subsidiară a membrilor organelor de conducere în procedura de insolvabilitate
    (CEP USM, 2024) Triboi, Mihai
    Throughout history, companies have been key for investment and economic growth, ena- bled by the corporate veil—a legal separation shielding shareholders. Criticized for potential shareholder and directors abuse, especially in insolvency, mechanisms like Moldova’s subsidiary liability exist. However, caution is needed in invoking it, as not every managerial decision causing insolvency justifies subsidiary liability. Ensuring economic regulation, specific insolvency rules are essential to identify and remedy abuses of separate legal personality, benefiting aggrieved creditors.
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    Reglementarea juridică a evaziunii fiscale în legislaţia Republicii Moldova
    (CEP USM, 2024) Ghilimutdinov, Nina
    In this article we discuss about the crime of tax evasion committed by individuals and legal entities. We will refer to the reasons that contribute to the commission of this crime. We are talking about the new changes by which the fiscal body was endowed with the right to carry out criminal prosecution. We will present some proposals to combat tax evasion.
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    Regimul juridic consolidat al sancţiunilor contravenţionale: vulnerabilităţi şi soluţii de drept public
    (CEP USM, 2024) Panchiv, Olesea
    This research reflects a complex analysis of the legal regime of contraventional sanctions in the Republic of Moldova, outlining the main issues regarding the regulation and application of the contraventional sanctions by the competent state authorities. Therefore, the entire system of contraventional sanctions was subjected to a critical evaluation in terms of its effectiveness in preventing and combating contraventions and other illegalities, detecting the problems and solutions of public law.
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    Integritatea judiciară – deziderat al sistemului judecătoresc din Republica Moldova
    (CEP USM, 2024) Aramă, Sofia
    Following the research on judicial integrity in the Republic of Moldova, several relevant conclusions were outlined. The evaluation of the regulatory framework and practices in comparison with international standards revealed some gaps and inconsistencies. Key institutions such as the Superior Council of Magistracy and the Superior Council of Prosecutors play an important role but require adjustments regarding periodic evaluations and resignation criteria. Procedures for evaluating the professional performance of judges and prosecutors should be more transparent and continue to promote the principles of integrity. Additionally, there was identified a need to build trust between civil society and the judicial system. Recommendations include revising legislation, introducing clear and transparent evaluation criteria, and enhancing dialogue between judicial institutions and civil society to strengthen integrity in justice.