O nouă retrospectivă privind dispariția fără veste a combatanților în timpul războiului de pe Nistru din 1992 și problema protecției sociale a familiilor îndurerate
A new retrospective on the disappearance of combatants during the 1992 Dniester War and the issue of social protection for grieving families
Simion Carp, Radion COJOCARU
The problem of the disappearances of combatants who fought in the 1992 Dniester War to defend the independence and territorial integrity of the Republic of Moldova still constitutes an open wound for our nation. Despite the 33 years that have passed since those tragic events, parents are still waiting for their sons at home, harboring the hope of a miracle to see their children again.
The authors, being strongly motivated by the idea of promoting historical truth and completing legal studies dedicated to the disappearance of combatants during the 1992 Dniester War, tried to explore a particularly sensitive topic for our society. We do not claim that absolute scientific truths have been revealed in this scientific endeavor, the mentioned endeavor being an attempt to bring a dose of clarity to the area of the investigated subject, and the authors are being open to suggestions and complementary findings from readers.
The direct purpose of the study is the research and evaluation from the perspective of legal science of two problems: the efficiency of the investigations carried out by the authorities to identify the missing combatants during the 1992 Dniester War and the social protection of their relatives, both obligations being placed on the state. The indirect, more distant goal of the study is the reconceptualization and remodeling of the regulatory framework in the field, which, on the one hand, must be centered on the idea of respecting the fundamental rights and freedoms of the person, and, on the other hand, on that of progressive development in order to eliminate legislative gaps in the sphere of social equity.
Finally, several scientific results and conclusions were presented, which will allow us to understand and approach from a new perspective the problem of the disappearance of combatants during the 1992 Dniester War and that of social protection to grieving families.
Keywords: war, soldiers, combatants, disappeared without a trace, social protection, investigations, positive obligation.
The citizen as object and subject of the state’s security policy
Cetățeanul ca obiect și subiect al politicii de securitate a statului
Gheorghe COSTACHI
One of the fundamental objectives of the state’s security policy is the protection of the citizen and their rights. The theoretical significance of this subject arises from the essential value of the citizen in a rule of law state, where the citizen represents a pillar of the state’s resilience and plays a crucial role in its consolidation. From this perspective, it becomes evident that the citizen should not be viewed only as an object of protection through security policy, but also as an active actor in the process of formulating and implementing this policy. The purpose of this study is to clarify the role of the citizen both as the subject of protection within the security policy and as an active participant, with a significant impact on the development and application of security measures.
The approach to this topic holds both theoretical and practical value: on one hand, it will contribute to deepening the theory of security in a rule of law state, while on the other hand, through a detailed analysis of the key aspects of security policy, it will facilitate the identification of effective solutions for its improvement. In line with the study’s objectives, it will be structured into two sections: the first will analyze the role of the citizen as the subject of the security policy, and the second will examine their active involvement in the development and implementation of this policy.
Keywords: person, citizen, security, security policy, human rights, personal security, legal activism.
Colectarea mostrelor pentru cercetare comparativă: aspecte procesuale și de tactică criminalistică
Samples’ collecting for comparative research: procedural and forensic tactical aspects
Iurie Odagiu
The article discusses the importance of samples for comparative research within the criminal process, emphasizing their role in identifying individuals and objects involved in crimes. Samples are defined as objects used for comparison with material evidence, aiming to establish a link between the suspect and the committed act. Although they are not material evidence in the traditional sense, samples have an independent procedural status and significantly contribute to clarifying the circumstances of the case. The article highlights the distinction between samples and material evidence, noting that samples are not directly related to the crime but serve as identification tools. The involvement of specialists in the sample collection process is essential, especially for biological samples, as they can prevent errors and ensure the quality of the samples. The process of obtaining samples occurs in three stages: preparation, direct collection, and fixation of results, with each stage requiring careful planning and adherence to legal and technical requirements.
Keywords: samples, comparative research, criminal process, identification, material evidence, specialists, collection, stages, preparation, obtaining, fixation, errors, quality, circumstances, procedural status, collaboration, efficiency.
Special investigative techniques in aproaching the migrant smuggling offence
Tehnici speciale de investigație în abordarea infracțiunii de contrabandă de migranți
Gina-Aurora NECULA
This article examines the special investigative techniques widely used in the investigation of the migrant smuggling, highlighting the specifics and particularities of these procedures. The paper does not limit itself to a mere theoretical exposition, but also includes a detailed analysis of judicial practice, correlating it with fundamental scientific principles.
The main objective of the research was to assess the tactics used in the application of these procedural techniques, as well as to identify legislative shortcomings, loopholes and inconsistencies in their practical implementation. The research finally provides practical, scientifically substantiated recommendations aimed at supporting the work of prosecuting authorities. The adoption and effective implementation of these recommendations could significantly improve the process of investigating illegal migration, optimizing the work of the competent bodies and strengthening the state’s responsibilities in the fight against organized crime.
This article makes a valuable contribution by combining a rigorous theoretical approach with a practical examination, with the ultimate aim of making the fight against crimes related to the migrant smuggling more effective.
Keywords: special investigative techniques, investigation, migrant smuggling, prosecution, tactics, methodology, forensics.
Procedura și regulile de stabilire a competenței în domeniul asistenței juridice internaționale
Procedure and rules for establishing competence in the field of international legal assistance
Tudor OSOIANU, Vitalie COSTIȘANU
This article is devoted to the field of competence of criminal investigation bodies and has as its object of study the presentation and description of the procedure and rules for establishing the competence of criminal investigation bodies in cases of addressing and resolving requests for international legal assistance.
The international legal assistance requested and offered to the legal authorities of other states is done in strict accordance with the rules of the legislation in force and therefore also according to the rules of competence that are applied accordingly, adapted to the specifics of the situation.
The procedure and rules for establishing competence in the field of international legal assistance differ significantly from the procedure and rules for establishing and assessing the competence of the criminal investigation body in the framework of the criminal investigation, emerging from the very specificity and essence of this procedure.
The correct assessment of competence in the case of international legal assistance allows not only the correct establishment of the criminal investigation body called to carry out the requests within the request for assistance, but most importantly the quality of these actions, or, only a truly competent criminal investigation body can ensure the quality and the provision in close terms of international legal assistance. Otherwise, we would be in a situation where incompetent criminal investigation bodies would be attracted to the provision of international legal assistance, which would consequently determine both a low-quality performance on their part and the unjustified delay in the provision of legal assistance and consequently, it would compromise the process of administration of the evidence.
Keywords: criminal investigation body, criminal investigation, jurisdiction of the criminal investigation body, international legal assistance.
Înregistrarea video a confruntării
Video recording of the confrontation
Constantin RUSNAC, Nicolai LEVANDOVSKI
The article analyzes the use of video recording during confrontations, highlighting the importance of this method in increasing objectivity and transparency in criminal proceedings. The study explores the essential elements of confrontation tactics and the impact of procedural norms on how the confrontation is organized. Special emphasis is placed on the preparation and conduct of the confrontation in controlled conditions to prevent the influencing of the individuals involved.
Tactical recommendations are provided on how the procedure can be structured to ensure the fairness of the confrontation, including the careful preparation of the confrontation space and monitoring participants’ reactions.
Additionally, the article addresses the specific challenges of confrontations, such as adapting tactics based on the particularities of the case and the degree of divergence between statements.
Keywords: statements, divergences, confrontation, video recording, technical documentation.
Raportul dintre codul de procedură penală și alte legi care conțin norme juridice
cu caracter procesual
The relationship between the criminal procedure code and other laws containing procedural legal rule
Augustin Lazăr, Ion Covalciuc
The conduct of criminal proceedings, with all the sequence and complexity of activities it entails, would be impossible without accessible and predictable norms. This assertion is all the more valid as the achievement of the purpose of criminal proceedings must be carried out while respecting the fundamental rights and freedoms of individuals. From this perspective, the legislature’s tendency to include all procedural normative acts in a single legislative act is understandable. The codification of criminal procedural legislation, with the concentration of procedural norms in a single normative act, evidently contributes not only to predictability but also to the accessibility of the law used in criminal proceedings. At the same time, the complexity of criminal proceedings also complicates the codification of procedural legislation. The solutions used by the legislature in this process, to be doctrinally developed and properly applied in jurisprudence.
Keywords: criminal proceedings, criminal procedural law, procedural norms, principle of legality.
Elementele de conținut ale dreptului la un proces echitabil – garanții ale securității
juridice a justițiabililor
The elements of content of the right to a fair trial – guarantees of legal security for litigants
Irina IACUB
The study is dedicated to the analysis of the right to a fair trial, with the primary goal of identifying and detailing its components, which include the following key rights and guarantees: the right to defense (correlated with the presumption of innocence) and the right to a reasoned judicial decision. Based on this analysis, the study argues the role of these rights and guarantees in ensuring the fairness of the judicial process.
Additionally, the study addresses the issue of evaluating the respect for the right to a fair trial and the available options for defending it at the national level. In conclusion, it is emphasized that the respect for the right to a fair trial in the justice system of the Republic of Moldova cannot be guaranteed by the European Court of Human Rights. The exclusive responsibility in this regard lies with the national judicial system, while the European Court’s role is limited to identifying and sanctioning the failure to uphold this responsibility.
Keywords: justice, fair trial, right to a fair trial, rights and guarantees, right to defense, right to a reasoned judicial decision.
Fundamentări teoretice și practice privind aplicarea/ prelungirea arestului preventiv și arestului la domiciliu
Theoretical and practical basis on the application/ extension of preventive arrest and house arrest
Ghennadi EPURE
Lately, the judicial practice in the Republic of Moldova with regard to the application of preventive measures of deprivation of liberty has witnessed an increased dynamism, related to the predominant application by national courts of house arrest, when the application of the harshest measure of constraint – pre-trial detention – is requested.
This practice has started due to several factors, one of which is determined by the fact that the Republic of Moldova has lost a relatively large number of cases before the European Court of Human Rights in recent years, and a good number of them concerned violations of Article 5 – Liberty and security of person, of the European Convention on Human Rights.
Thus, in order to develop this topic, it is necessary to conduct a careful analysis of the entire procedural mechanism for the application and extension of preventive custodial measures, in order to identify and resolve practical incidents currently existing in judicial practice.
Keywords: preventive measure, house arrest, remand in custody, remand in custody, duration of remand in custody, restrictions, investigating judge.
Specificul reglementării raporturilor de locațiune în legislația țărilor CSI
He specific regulation of location reports in the legislation of the CIS countries
Oxana Eșanu
Consulting the regulatory style promoted by each country has always been an advantage, a source of inspiration, but also a possibility to avoid certain failures. It is also the case of rental relationships, regarding which we intend to study the legislation of other states that enjoy experience in regulating these categories of relationships, of traditions and principles experienced over time, chiseled and permanently adapted to the conditions of economic development and society as a whole.
Considering the proximity of our country to that of Ukraine, but also the fact that we have much in common with the historical past of the regulations of many CIS states, including the segment of regulation of private law relations, we insist on comparing our legislation with that of the respective community, trying to understand the tactics of the legislators, but also the quality of the rules that are applied regarding the guidance of subjects who engage in rental relationships of different categories of goods.
Keywords: lease agreement, lessee, lessor, family, guarantee, security, rent, community, object of lease, common rules.
Investițiile – garant al calității învăţări
Investments – guarantee of the quality of learning
Andrian CIUMAC
Investments in education, whether they are part of the tangible, intangible or financial category, regardless of the fact that they are allocated for the benefit of a person, institution or the whole society, constitute the best contribution that we are able to make, thus showing much discernment. However, under the circumstances of the plentiful arguments presented in favor of education, many decision-makers consider this investment as a current waste, lacking the guarantee of obtaining an interest in the future. Predominantly, the opinions in question are maintained from the imaginary perspective of a distanced trajectory of time, which includes the moment of resources investing (financial, human, material, technical, etc.) and that of acquiring the expected effects.
Within the context of investments in education, the circumstances noted regarding the mentality of some decision-makers call for a fundamental reconsideration of the concept, which anticipates the realization of concrete distinct actions and without delay.
Keywords: investments, resources, quality, process, training, education, product, beneficiary.
Dreptul la autoapărare în cursul procesului penal: discrepanțe între CEDO și legislația procesuală penală a Republicii Moldova
Right to self-defence during the crime process: discrepances between the ECHR and proceusal criminal law of the Republic of Moldova
Aliona FRUNZĂ
Fundamental human rights are core values in rule-of-law states, with protections enshrined in the legislation of many nations. Among these rights, the right to defense holds particular significance and is safeguarded internationally by the ECHR. These right grants defendants the choice to represent themselves or to be assisted by a lawyer, both essential for ensuring a fair trial.
In Moldova, the Code of Criminal Procedure allows for self-representation. However, an explicit clarification of this right, independent of the condition of waiving a lawyer, would enhance comprehensive legal protection and align national legislation with international standards and ECHR case law.
Keywords: European Convention on Human Rights, European Court of Human Rights, self-defense, accused, criminal process.