Facultatea de Drept / Faculty of Law
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Item Fundamentele progresismului în materia transportului internaţional rutier de mărfuri(CEP USM, 2024-11-07) Bajurea-Ostrofeţ, ElenaThe present research expresses a high importance for the research domain of the international transport of goods by road, starting with the point that this paper analyses the latest international regulation with a view on digitalisation of the procedures related to the international transport of goods by road, which entered into force in 2020 and will start being applied in the EU space from August 21, 2024. This aim, as well as the purposes as: research of the genesis of the progressive steps in the field of international road freight transport and inquiry other the digitalised instruments derived from T.I.R. and A.T.A. carnets, create a framework over the evolution of the legal provisions related to the mentioned domain. The research methods, such as the comparative, legal and historical ones, showed their value while describing the main result of this paper, which lead to a terse analyse of the main achievements of the international law givers in the field of international transport of goods by road.Item The impact of electronic enforcement writs on the legal system in the Republic of Moldova(CEP USM, 2024-11-07) Baciu, OlgaThis study aims to elucidate the benefits of introducing electronic enforcement writs in the Republic of Moldova. We conducted a comparative analysis of legislative frameworks and practical implementations in various countries. The research methods included examining specific laws, regulations, and guidelines that enable electronic issuance and execution of enforcement titles, with a focus on digital signatures and secure communication systems. Key findings reveal that countries like Estonia, Lithuania, and Ukraine have significantly improved their enforcement processes by adopting electronic means, resulting in greater efficiency, reduced costs, and enhanced accessibility. Moldova’s adoption of similar practices could modernize its legal system, aligning with national strategies for digitization and judicial independence, ultimately facilitating a more transparent and effective enforcement process.Item Intellectual property rights with in the digitization [Articol](CEP USM, 2024) Baiurchak, Mariia; Kiriiak, OksanaIntellectual property refers to the power of impalpable goods. This includes ideas, designs, symbols, trademarks, ensigns, jottings and creations. Still, new technologies and digitalization have brought new challenges to the field of intellectual property. Now, it mustn’t only cover new types of non-traditional trademarks, similar as holograms, but also purely digital creations, similar as mobile operations and other software. Thus, there are questions regarding how to secure these rights in online surroundings and digital commerce.Item Respectarea principiului de bună-credință în contextul digitalizării actelor juridice [Articol](CEP USM, 2024) Arapu, ElenaCivil relations are in constant development, and laws are required to meet the challenges of providing a constant current regulation of them. The need for digitization of civil legal documents, conditioned by the current stage of development of civil legal relations, determined the operation of some important changes within the civil legislation. In general, any modernization brought to the legislative framework does not affect the applicable fundamental principles at the concept level, as long as they are not in contradiction with the new trends in the development of society. In the same way, the principle of good faith, through the modernizations brought to the Civil Code didn’t undergo conceptual changes, new norms are aimed to strengthen the importance of the principle and raise its degree of applicability to another level. The obligation to respect the principle of good faith by the participants in civil legal relations inevitably remains valid, but the necessary requirements to be met in order to correspond to the behavior of the standard are of course to be adapted. The change in the circumstances of the conclusion of legal acts, such as the situation of contracts concluded at a distance, requires the introduction of certain additional protection measures for the contracting parties, and their observance exactly outlines a behavior assimilated to a good faith co-contractor.Item Digitalizarea în turism și a contractului privind pachetele de servicii de călătorie: necesitate sau trend la modă? [Articol](CEP USM, 2024) Chibac, NataliaThis article analyzes the need for new trends in the world such as digitalization in tourism and the contract for travel service packages. The digitalization of society is a dynamic process that affects various spheres of life of citizens, who fulfill the role of employees or employers in various economic entities; consumers of products, who act in economic circulation as individuals or organizations, who purchase goods and services on the market. This is due to the fact that digitalization plays an important role in the promotion of tourism products as well, as it is a special form of communication between buyers and sellers of travel services. The new trend of tourism persists in the increased attention to global trends, as well as the rapid development of strategic approaches, adaptation to dynamic changes in society, modernization of the legal framework, etc.Item Drepturile omului în contextul digitalizării(Editura USM, 2023) Rașcu, FlorinArticolul analizează drepturile omului în contextul digitalizării: dreptul la resurse digitale, dreptul la alegeri libere, dreptul la nediscriminare, dreptul la protecția datelor. Complexitatea problemelor etice, cât și garantarea drepturilor omului din jurul inteligenței artificiale necesită colaborarea mai multor părți interesate la diferite niveluri și sectoare ale comunităților internaționale, regionale și naționale.Item Digitalizarea justiției ca mecanism de prevenire și combatere a corupției [Articol](CEP USM, 2022-03-17) Soltan, VeaceslavThis article proposes reform initiatives on the digitalization of justice aimed at preventing and combating corruption in the justice sector (judges and prosecutors in the Republic of Moldova), prosecutors, detectives, analyzing the implementation and development of information technology in the prosecution system, courts, the interconnection of different information systems, the automated generation of reports, eliminating to the maximum the human factor, as the main point of reference in the development of corruption in different sectors of the Republic of Moldova. to streamline the activity of the courts by identifying the problems but also formulating the solutions, based on the experience of the model courts.Item Cadrul legal privind protecția vieții private și semnificația ei în epoca digitalizării [Articol](CEP USM, 2022-03-17) Balaban, SergiuIt is well known that, in addition to the rights of access to fair justice, given that we are in the age of digitalization, citizens also have other rights and interests that come into play when they interact with the justice system, including those related to justice. privacy and personal data. When participating in a trial, people have a reasonable expectation that this will not unduly affect their personal life and will not expose them to unnecessary public attention.Item PRESTAREA SERVICIILOR JUDICIARE: SCHIMBĂRI DE PARADIGME PRIN DIGITALIZARE(CEP USM, 2021) Țurțurica, Maria-CristinaThe global pandemic caused by the COVID-19 virus has caused profound changes in the way social life is organized, leading to multiple and rapid changes in the way public services, including judicial services, are provided. The resilience of the courts, which is a necessary precondition for them to continue their activity during state emergency and health emergency situations was ensured largely by a change in the paradigm of how judicial services are offered - from judicial services provided with the physical presence of the parties to the provision of digital judicial services. This article describes and analyzes the effects of these changes on the transparency, efficiency and accessibility of judicial services in the Republic of Moldova. At the same time, it analyzes the international trends and principles of using artificial intelligence in the justice sector, this being an emerging tool for digitalized judicial services.