Facultatea de Drept / Faculty of Law

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    Concepţiile moderne cu privire la aplicarea pedepsei
    (CEP USM, 2024-11-07) Ciobanu, Igor; Cotruţă, Artur; Negruţă, Ana
    Modern conceptions of punishment bring back the retributive ideas of criminal sanctions. This time, retribution no longer appears as a revenge of society against the criminal, as a brutal robbery with him, but as an equal weighing of the two factors, deed and guilt, on the one hand, and punishment, on the other. Suffering, the essence of punishment, must be met with a justly proportionate application of the punishment. Promoting modern conceptions of punishment does not mean returning to the idea of blind revenge on the part of society, to causing irrational suffering only to frighten the criminal and those around him. The idea of retribution, of recompense for the committed deed, does not mean a robbery up to the physical elimination of the perpetrator, but, in a modern vision, it means a rational reaction of society to his antisocial acts.
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    Vulnerabilitățile arestului contravențional. Aspecte de drepturile omului [Articol]
    (CEP USM, 2024) Lupeca, Inesa
    The protection of social values is a priority mission of the state, by virtue of which the legislator elaborates a series of legal norms intended to defend the social and legal order against harmful acts. Violation of these imperative norms triggers the mechanism of state coercion, which aims to attract the perpetrator to a certain form of legal responsibility, depending on the degree of social danger of the act committed, in our case - the misdemeanor. Contraventional arrest is a sanction that is applied exceptionally and consists of deprivation of liberty for a period established by the court decision and which is executed under the conditions provided by the Enforcement Code. At the same time, it is applied for the commission of a deed, which threatens or creates a real danger for the health or bodily integrity of the person, or in the case of the intentional non-execution of another contraventional sanction.
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    Răspunderea penală pentru particpare la infracțiune
    (CEP USM, 2024) Mercuș, Radu
    Each of us acts, we exercise certain rights provided for or simply carry out the daily routine, but all our manifestations must fall within the legal field and respect all social norms recognized by the majority of society for which, in fact, state coercion is applied for non-fulfilment or non-compliance. We have a series of rights but also correlative obligations, sanctioned by don’t consider the law is the sure method to prevent or combat the antisocial factors from which we will don’t manifest in real life.Any illegal action, the forbidden of a rule that has the consequence of did not sanctioned with less accessibility of the most severe penalties such as privation of liberty, unpaid work for the benefit of the community, a fine, etc. represents the safe type for the bodies to protect the rules of law to reduce the risk as in the future to commit an illegal act that affects the most of us or the social order.
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    Natura juridică a sancțiunilor prevăzute de legislația referitoare la integritate
    (CEP USM, 2024) Reniță, Gheorghe
    Legislation related to integrity provides for several sanctions likely to be applied to a public agent in the case that he holds unjustified wealth. Namely, it is about: 1) release from the position held or termination of the mandate; 2) prohibition to exercise a public office and/or a position of public dignity for a period of three years; 3) confiscation of unjustified wealth. At the same time, the Criminal Code provides for liability for illicit enrichment. Under these conditions, the question of the parallelism between the non-criminal procedure and the criminal procedure was raised. In order to elucidate this aspect, it is indispensable, first of all, to clarify the legal nature of the sanctions provided by the integrity legislation. In this sense, the starting point is the Engel test.
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    Încălcarea dreptului de autor și a drepturilor conexe [Articol]
    (CEP USM, 2021-12-08) Galben, Valeria; Pantea, Oleg
    The article revealed copyright and related rights, as well as the legislation of the Republic of Moldova on copyright and related rights. Copyright and related rights in contravention law, the aspect compared to the laws of other countries (Romania) and judicial practice. The purpose of this paper is to present the theoretical aspect of copyright and its protection, as well as the analysis of the practical aspect of the contravention relations that have as object the intellectual property. From a practical point of view, it is necessary to distinguish between criminal, civil and contravention protection of copyright and related rights, as most laws ensure the protection of this right through these three branches, including the legislation of the Republic of Moldova. Likewise, I propose a comparative analysis with the laws of other countries in the field of intellectual protection in the light of the law of contravention of these countries.