Instrumente juridice și operaționale internaționale privind investigarea infracțiunii de spălare a banilor
International legal and operational instruments on the investi-gation of money Laundering
Dinu OSTAVCIUC, Bogdan Cătălin PĂUN
Annotation: The article is dedicated to the analysis of international legal and operational instruments regarding the investigation of money laundering, with the objective of highlighting their impact on transnational cooperation and the efficiency of mechanisms to combat financial crime. The authors examine both the international regulatory framework and the institutional structures in-volved, providing a detailed perspective on the ways to identify and sanction illicit financial flows.
In addition to identifying and describing the essential legal mechanisms – from bilateral treaties and international conventions to initiatives of European and global structures, the article also addresses the difficulties encountered in applying these norms. Among the main problems identified are legislative fragmentation, differences in the application of regulations at the state level, the lack of an operational exchange of information and the use of permissive jurisdictions to conceal the origin of funds.
The authors propose solutions aimed at strengthening international collaboration, creating uniform regulatory mechanisms, digitizing and automating the process of detecting suspicious transactions, and applying more effective sanctions against financial entities that facilitate such crimes. In this regard, the need for continued harmonization of international standards, imple-mentation of advanced technologies and increased financial transparency is emphasized, essential elements for an effective response to emerging challenges in the field of money laundering com-bating.
Keywords: money laundering, forensics, international cooperation, legal instruments, transnation-al investigation, prevention, financial regulation, Europol, FATF.
Fraudulent bankruptcy: Causes and Solutions to Overcome This Situation
Bancruta frauduloasă: cauze și soluții pentru a depăși această situație
George ȚICAL, Radion COJOCARU
Annotation: Fraudulent bankruptcy is a complex phenomenon with profound financial, legal, and social implications. Although often perceived as a failure, it can also represent an opportunity for learning and innovation. Its causes range from poor management and over-indebtedness to global economic crises or legislative changes. The consequences include financial losses, unemployment, reputation damage, and significant macroeconomic effects. Notable examples, such as the bankruptcy of City Insurance and RAFO Onești, highlight the far-reaching impact of this phenomenon. However, the history of companies like Apple and Ford Motors underscores that recovery is possible through strategic planning, restructuring, and effective leadership. Prevention plays a crucial role, involving financial monitoring, adaptation to market changes, and financial education. In Romania, legislation provides mechanisms for managing insolvency, though their efficiency remains a challenge. Fraudulent bankruptcy is not only an economic issue but also a lesson in resilience and adaptation. Ultimately, the success of an economy is measured by its ability to support recovery and innovation following failures.
Keywords: Fraudulent bankruptcy, Insolvency, Financial crisis, Reorganization, Fraudulent bankruptcy, Leadership.
Comparative analysis regarding peculiarities of inheritance of property and personal non-property copyrights of Ukraine and UE countries
Analiza comparativă cu privire la particularitățile moștenirii proprietății și drepturile de autor personale non-proprietate ale Ucrainei și țărilor UE
Tetyana KURYLO, Oleksandr TURCHAK, Evghenia GUGULAN
Annotation: The article deals with the peculiarities of the transfer of copyrights through inheritance. The authors point out the importance of intellectual property as a driving factor in the economic, political, and scientific spheres of a democratic society. One of the legal ways of acquiring intellectual property rights is inheritance. It is emphasized that there are differences in the inheritance of intellectual property objects caused by their features as part of the hereditary property, particularly by a special legal regime of use.
The legally enshrined definitions of the concepts of “intellectual property”, “inheritance”, and “copyright” are revealed. The article examines the general characteristics of all intellectual property rights, including their territorial nature and national legal protection by the state where they were created or registered. Finally, some concepts of succession by the author’s heirs are distinguished. In most cases, not the work itself in its objective expression is inherited, but the totality of copyrights to it. The copyrights are divided into property and personal non-property ones.
Analyzing the standards of the national legislation and the legislation of the European Union countries, the peculiarities of the inheritance of copyrights have been singled out; their categories that can be part of the inheritance are investigated. Considering these categories’ complex and interconnected nature, it is underlined that the inheritance of exclusively property rights does not correspond to legal validity. Attention is drawn to the fact that personal non-property rights are not extinguished upon the author’s death and are not limited in time of existence. It is concluded that personal non-property rights are closely related to the author’s property rights and ensure proper protection and defense of the latter.
Therefore, they can be part of the inheritance, enabling the heirs to fully use the author’s property rights during their validity period.
Keywords: intellectual property, copyrights, inheritance, personal non-property copyrights, property copyrights, user rights.
Prejudecățile actualilor și viitorilor medici asociate violenței domestice
The preconceptions of current and future doctors related to domestic violence
Petru Glavan, Andrei Pădure, Anatolii Bondarev
Annotation: Domestic violence is one of the most widespread human rights violations in the world. Although domestic violence has been recognized as a social problem for several decades, it remains an underreported and consequently underestimated crime, and its prevalence continues to be of major relevance today. According to global statistics, domestic violence is the most common and widespread form of victimization of women, a fact explained by the persistence of stereotypes and beliefs regarding traditional patriarchal gender roles in families and society.
The health sector plays a crucial role in preventing domestic violence by contributing to the early identification of abuse, providing necessary treatment, and referring victims to other support services.
The paper aims to explore the perceptions in the field of domestic violence among current and future physicians from the Republic of Moldova in order to assess their educational needs. For this purpose, an observational study based on a survey of medical students, residents and doctors was carried out.
The study revealed that medical professionals are affected by the same stereotypes as other members of society and need specific training in the field of domestic violence. In particular, the persistence of several myths related to domestic violence was observed, such as the belief that it is a private conflict that does not require intervention from the authorities, that victims choose to stay in abusive relationships of their own free will, or that perpetrators become violent only under the influence of alcohol. These misconceptions can negatively affect the ability of healthcare professionals to effectively manage cases of domestic abuse.
The study results can be used as evidence-based proposals for enriching existing training programs or designing new ones in order to support healthcare practitioners in the correct management of domestic violence cases.
Keywords: domestic violence, doctors, medical students, preconceptions, stereotypes.
Segmentul transnistrean al frontierei Republicii Moldova – vulnerabilitate a statului
The Transnistrean segment of the border of the Republic of Moldova – vulnerability of the state
Svetlana CEBOTARI, Valeriu LUNGU
Annotation:The border between Ukraine and the Republic of Moldova on the central „Transnistrian” dimension, which stretches 453.4 kilometers, is designated, following the risk analysis carried out by the General Inspectorate of Border Police (IGPF), as the most vulnerable border segment. Given that this segment of the state border is not controlled by the Moldovan authorities, which would make it possible to protect the interests of the state at the border, the number of illegal activities at the ‚administrative border’ and in the security zone (illegal trafficking in goods, arms trafficking, trafficking in human beings, trafficking in prohibited substances, including dual-use substances and many others) is on the increase, and in the context of the war in Ukraine, it is becoming a real threat to the security of the Republic of Moldova.
Keywords: border, illegalities, Republic of Moldova, Ukraine, drug trafficking, arms trafficking, illegal migration.
Reflecții asupra conceptului de activitate specială de investigații: analiza art. 1 din Legea nr. 59/2012
Reflections on the concept of special investigative activity: analysis of article 1 of law no. 59/2012
Boris GLAVAN, Alexandru CICALA
Annotation: The field of special investigative activities initially appears to be well-defined and extensively studied, attracting an increasing number of researchers interested in its multiple implications. However, the analysis conducted demonstrates that the issue of defining this concept remains current and not fully resolved. The specialized literature provides various doctrinal interpretations, highlighting, on the one hand, the importance and relevance of the subject, and on the other hand, the difficulty of formulating a universally accepted definition.
The proposed aim of the study is to analyze the concept of special investigative activity through the lens of Article 1 of Law No. 59/2012 of the Republic of Moldova, emphasizing the importance of this legal norm in defining and delineating its scope of application. By examining the evolution of the regulatory framework, significant legislative changes and their impact on clarifying the distinction between special investigative activities carried out outside of the criminal process and those regulated by the Criminal Procedure Code were highlighted.
As a result, the difficulties in interpreting the analyzed concept were emphasized, both those from the past and those from the present, caused by inconsistent legal formulations and the lack of a unified definition. It was argued that special investigative activities are not limited only to information gathering but also include other specific actions, such as crime prevention, maintaining public order, protecting fundamental rights, and cooperating with confidential collaborators.
The article underscores the need for clear and coherent regulation, capable of ensuring both the effectiveness of investigative activities and the respect for human rights.
Keywords: special investigative activity, special investigative measures, special investigative techniques, criminal trial, investigative officer, operational technique, human rights.
Conceptul şi esenţa managementului ca parte inerentă a activităţii de urmărire penală
The concept and essence of management as an inherent part of criminal prosecution activity
Sofia PILAT, Olga SULTAN
Annotation: The article is dedicated to the analysis of the role and importance of management in the conduct of criminal prosecution. Any field in its essence is inconceivable in the absence of leadership and organization of each stage.
Achieving success in carrying out activities is impossible without developing a concrete work strategy, where the position and role of the employer and employees are clearly highlighted, and a valid and obvious thing in any field of activity, including criminal prosecution.
Therefore, management is a complex process, aimed at achieving a predetermined goal, which can be carried out, in particular, through competent leadership of a working group by the leader.
Thus, the distribution of roles and responsibilities depending on the position held is the key element in achieving successful management in any sphere of activity, including the activity carried out by criminal investigation bodies.
The direct purpose of the study is to research the concept and essence of management viewed as an inherent part of criminal investigation activity, because leadership and organization essentially form two basic elements of an integral mechanism whose primary purpose is to obtain expected results through the developed strategies.
The indirect, more distant purpose of the study is to streamline the activity of the criminal investigation body in order to achieve the purpose of the criminal process, through the prism of defining the concept of management, establishing its role and importance in the activity carried out by criminal investigation bodies.
The objectives of this scientific work are to define the concept of management; describe the functions of management; establish the role and importance of management in criminal prosecution activity; identify the impact of management on achieving the goal of the criminal trial as a whole.
As a result of the study, it is a research of the scientific works of the authors in the field addressed, which in turn will facilitate the knowledge and understanding of the primary role of a well-organized management in carrying out criminal prosecution activity resulting in achieving the goal of the criminal trial.
Keywords: management, leadership, organization, direction, coordination, activity, strategy, role,
The role of the head of the criminal prosecution body in the criminal prosecution activity organizing
Rolul conducătorului organului de urmărire penală în organizarea activităţii de urmărire penală
Artiom PILAT
Annotation: The respective scientific article is dedicated to the analysis of the importance and role of the leader of the criminal investigation body in organizing and directing the activity of the criminal investigation body in the process of examination of the criminal case.
The duties of the head of the criminal investigation body are carried out by the criminal investigation officer from the criminal investigation bodies of the MIA, the Customs Service, the NAC or the Fiscal Service who organize the activity of the criminal investigation officers within the subdivision, respecting the managerial principles in managing the activity while optimizing the functioning and productivity of the activity of the criminal investigation officers.
The system of criminal investigation bodies established within the General Police Inspectorate of the Ministry of Internal Affairs is composed of the following subdivisions: Criminal Investigation Department and the subdivisions established within it, Criminal Investigation Section of the Center for Combating Human Trafficking, Coordination Section of Criminal Investigation Activity (and its services) of the Municipal Police Department of Chisinau, the coordinating section of the criminal investigation activity of the Police Department of the Gagauz-Yeri TAU, the criminal investigation sections of the municipal, regional or district police inspectorates.
The direct purpose of the study is to examine the role and importance of the head of the criminal investigation body in the organization of the activity of the criminal investigation body in the process of examination of the criminal case, because the organization is the primary and inherent element of an activity leading to the achievement of an expected result.
The indirect aim of the study is the efficiency of the activity of the leader of the criminal investigation body in the process of organizing the activity of the criminal investigation body, through the prism of defining the types of managerial activities, determining its importance and role in the activity carried out by the criminal investigation bodies.
The objectives of this scientific paper consist in the description of the types of managerial activities; defining managerial attributions; establishing the role and importance of the head of the criminal investigation body in the organization of the criminal investigation activity.
As a result of the study, it constitutes the research of various scientific works of the authors, which will contribute to the knowledge and understanding of the importance of a well-organized leadership in the conduct of the criminal investigation activity.
Keywords: organization, management, directing, managerial activities, procedural attributions, management, coordination, monitoring, control, evaluation.
Oxana CIUDIN
Annotation: Forensic tactics represent a key tool of criminal investigation, through which investigative authorities ensure the examination of the circumstances of the case and the establishment of the necessary evidentiary basis. Since the judicial experiment constitutes one of the types of procedural actions, the general tactical rules and methods applicable to all investigative actions may justifiably and lawfully be applied during its execution.
The tactics of investigative actions – including, by extension, the judicial experiment – determine the specific course of action and the sequence of operations undertaken by the investigating authority and other participants in the criminal investigation. The success of investigative measures largely depends on how competently the criminal investigation officer or prosecutor designs and conducts these actions from a tactical perspective. Moreover, representatives of the investigative bodies must develop their tactical approaches not only in a creative and adaptive manner, but also in strict compliance with the rules of criminal procedure. This requirement is directly reflected in the forms and methods employed during the conduct of criminal investigative activities, which include, as part of the investigation procedure, the judicial experiment.
Keywords: criminal case, judicial experiment, criminal investigation, participant, suspect, defendant, witness, forensic expert, technical means, investigative action, tactical approach, tactical method, evidence, evidentiary basis, report, forensic photograph, video-recording.
Ecological control act: legislative frameworks for environmental impact mitigation in modern conservation policy
Actul controlului ecologic: cadrul legislativ pentru atenuarea impactului asupra mediului in politica de conservare modernă
Luminita DIACONU
Annotation: The present study explores the ecological control act as an essential instrument of environmental regulation, aiming to clarify its definition, classification and applicability in the context of environmental legislation. The research aims to analyze the legal nature of the ecological control act, identify its typologies and highlight the impact on environmental law relations.
The methodology used includes a detailed doctrinal and legislative analysis, complemented by a comparative examination of administrative practices. The classification of ecological control acts was carried out based on criteria such as the number of parties involved (unilateral, bilateral, multilateral), the effects produced (generative, constitutive, translative), the mode of execution (instantaneous, successive) and the form of conclusion (verbal, written, electronic).
The results highlight the diversity of ecological control acts and their importance in preventing environmental degradation. The study highlights the need for harmonization of legislation to fill the existing gaps in the regulation of some types of unnamed acts and to ensure their validity and efficiency. The conclusions provide a solid basis for improving the regulatory and administrative framework of environmental control.
Keywords: environmental control act sustainable resource management, pollution prevention and environmental quality protection, protection of critical habitats.
Considerații asupra răspunderii patrimoniale a anumitor subiecți în domeniul gestionării deșeurilor
Considerations on the property liability of certain subjects in the field of waste management
Mihaela PASCAL
Annotation: The article analyzes the particularities of property liability in the field of waste management, focusing on the diversity of the subjects involved: producers, consumers, persons holding positions of responsibility, legal entities, co-owners, minors, and victims of environmental damage. The study identifies current legislative ambiguities and proposes lege ferenda solutions to clarify and improve the liability regime, including the extension of the concept of „person holding a position of responsibility” and the establishment of special mechanisms for the recovery of damages. In the context of environmental protection and the application of the „polluter pays” principle, the research emphasizes the importance of holding all actors involved in the waste circuit accountable and the necessity of a differentiated approach tailored to each category of subjects.
Keywords: property liability, waste management, liability subjects, extended producer responsibility, co-owners’ liability.
Criminalistica nucleară: inovație și cooperare globală
Nuclear forensics: innovation and global cooperation
Alina NITREAN
Annotation: Nuclear forensics is an innovative sector that relies on the application of advanced technologies and interdisciplinary expertise to prevent and combat crimes involving nuclear or other radioactive materials. This sector is closely linked to international collaboration, which plays an essential role in combating challenges that transcend national borders. Initiatives such as ITWG, GICNT and CBRN CoE, together with international organizations such as INTERPOL, IAEA and UNICRI, contribute to strengthening the capacity of states in the field of nuclear forensics. International support includes not only the exchange of information, training and education programs, but also operational support in the investigation of radiological incidents, delivery of specialized equipment necessary for the investigation and radiological incidents management. International efforts not only stimulate technological progress and innovation in nuclear forensics, but also contribute to the creation of networks of experts and technical groups that facilitate collaboration and knowledge exchange between member states. The article highlights two models for developing the capacity to perform expertise on nuclear or other radioactive materials, namely: laboratories dedicated to the examination of nuclear materials, equipped for handling samples with radionuclide contamination, or traditional forensic laboratories configured to meet nuclear physical protection requirements. The choice of the optimal model must be based on the analysis of existing capacities, available resources and strategic objectives of the state. In this regard, GICNT designed the ”Nuclear Forensics Self-Assessment Tool”, to support countries identify areas for improvement in nuclear forensics, the identification of strengths and gaps in the national infrastructure.
Keywords: nuclear forensics, traditional forensics, international cooperation, nuclear or other radioactive material, GEIGER database, ITDB database, radiological incident, radiological crime scene management.
Considerații asupra aplicării mecanismului de excludere a probelor în cadrul examinării cauzei penale de către instanța de judecată
Considerations on the application of the exclusionary mechanism in the examination of criminal cases by the court
Svetlana LEONTIEVA
Annotation: Issues related to the admissibility and exclusion of evidence in criminal proceedings have given rise to numerous theoretical and practical debates over time, both in common law and civil law systems. The study of these issues remains an area of scientific interest with global relevance, but it has become particularly important in the context of the Republic of Moldova’s efforts to join the European Union’s area of freedom, security, and justice. These efforts require the adaptation of national legislation to European standards, including in the field of ensuring fundamental human rights in criminal proceedings.
In this context, our research focuses on the mechanism of excluding evidence, applied by the judge, the most important arbiter of their admissibility. A comparative study of the mechanisms for excluding illegally obtained evidence in various legal systems, particularly through the lens of comparative law, has allowed us to highlight the particularities of their application in different jurisdictions. At the same time, the research effort is concentrated on studying the particularities of the national mechanism for excluding evidence by the judge, as well as identifying existing gaps in the current legislation. The analysis of domestic law in light of comparative law has led to the formulation of de lege ferenda proposals, which, in the author’s hope, will serve as sources of inspiration for both lawmakers and practitioners.
Keywords: admissibility of evidence, exclusion of evidence, exclusion mechanisms, legality, court, examination of evidence.
Terorismul ecologic – unele amenințări privind societatea și mediul înconjurător
Ecological terrorism – some threats to society and the environment
Artur FEGHIU
Annotation: Ecological terrorism is an emerging threat with significant implications for national and international security, involving deliberate environmental destruction for various purposes. This study analyzes the mechanisms through which ecological terrorism impacts global stability, highlighting specific cases from the Republic of Moldova, where radioactive substance trafficking has been documented as part of transnational criminal networks.
The analysis of confirmed cases of illicit radioactive substance trafficking indicates a consistent trend of using Moldova as a transit point, with multiple attempts to illegally trade nuclear materials. Key factors influencing this reality include the need for more efficient surveillance systems, improvements in detection equipment, and the optimization of international cooperation. The study emphasizes the necessity of concrete measures, such as strengthening international legislation to criminalize ecological terrorism, developing effective monitoring and rapid response mechanisms, enhancing international cooperation for information exchange, and implementing ecological security policies tailored to current risks.
Research findings suggest that ecological terrorism is a strategic threat requiring an integrated approach and international collaboration. Combating this phenomenon involves not only legislative and technological measures but also a reassessment of national security policies. This study contributes to understanding the complexity of this threat and provides practical recommendations for strengthening state resilience against the risks associated with ecological terrorism.
Keywords: ecological terrorism, national security, asymmetric threats, security policies, geopolitical conflicts.
Recenzie/ Review
Crime și abuzuri comise de militarii armatei ruse în Țara Românească, Moldova și Basarabia în prima jumătate a secolului XIX
Crimes and abuses committed by russian army military in Romania, Moldova and Bassarabia in the first half of the 19th century
(autori/ authors: Simion CARP, Liliana Creangă)
Radion Cojocaru
Tratat de Criminalistică. Partea a II-a. Tactică Criminalistică
Treatise on Forensic Science, Part II, Forensic Tactics
(autori/ authors: Jitariuc Vitalie, Rusu Vitalie)
Radion Cojocaru