Studii Juridice Universitare

Professor Nicolae OSMOCHESCU at 80

Vitalie Gamurari — 2026-05-26

Cu ocazia frumoasei aniversări a 80 de ani a dlui Profesor Nicolae Osmochescu, îi aducem cele mai sincere felicitări cu urări de bine, sănătate, bunăvoință, prosperitate și noi realizări la nivel profesional!
Profesorul Nicolae Osmochescu este recunoscut ca Părintele dreptului internațional al Republicii Moldova! Dlui a pregătit mai multe generații de juriști, în special în materie de drept internațional public, bucurându-se de o stimă și un respect deosebit din partea acestora, atât pentru calitățile sale profesionale, cât și cele personale.
Dl Nicolae Osmochescu a avut și are un aport deosebit la promovarea dreptului internațional, fiind ideologul fondării catedrei Drept Internațional din cadrul Universității de Stat din Moldova imediat după proclamarea Independenței Republicii Moldova.

Review of the work “Fundamentele constituționale ale căilor de atac în Republica Moldova” (“The constitutional foundations of appeals in the Republic of Moldova”), by Rusanovschi Iulian and Țurcan Serghei, Chișinău: UNU, 2024

Andrei Smochina — 2026-05-26

Lucrarea de față abordează o temă de mare relevanță pentru dreptul constituțional și procesual din Republica Moldova: fundamentele constituționale ale căilor de atac. Întrun context legislativ în continuă schimbare și în fața unei literaturi științifice deficitare pe acest subiect, lucrarea reprezintă o contribuție semnificativă la dezvoltarea teoriei dreptului, aducând în prim-plan o analiză detaliată a căilor de atac ca garanții constituționale fundamentale.
Tema monografiei „Fundamentele constituționale ale căilor de atac în Republica Moldova” reiese din importanță majoră pe care o au căile de atac pentru teoria dreptului constituțional și pentru practica administrării justiției. Odată cu evoluția societății, a relațiilor sociale, a sistemului de drept și a tehnologiilor informaționale, căile de atac dobândesc noi dimensiuni. În același timp, nu există motive de stagnare a dezvoltării acestei instituții, nu există argumente care ar convinge că subiectul este suficient cercetat și reglementările existente în materia căilor de atac, atât în sfera dreptului public, cât și în sfera dreptului privat ar fi oarecum suficient de bine formulate și aplicate, încât orice efort suplimentar orientat spre dezvoltarea studiilor existente, spre adaptarea reglementărilor normative la noua realitate, ar fi inutil.

Analysis of the Doctrinal Researches on the Issue of Termination of the Criminal Process During the Criminal Case Trial

Petru Paun — 2026-05-26

The institution of the termination of the criminal process during the criminal case trial had a difficult historical development. However, experts believe that the modern system of grounds for the termination of the criminal process is incomplete and contradictory. Termination of the criminal process is a decision of the judge who, finding the presence of one of the legal circumstances, stops the proceedings and releases the accused person from criminal responsibility, having different effects depending on the basis applied. The grounds for the termination of the criminal process are provided in the Code of Criminal Procedure of the Republic of Moldova, applicable both in the preliminary hearings and after the examination of the case on the merits. This often applied legal institution requires more detailed regulations to avoid unclear interpretations, providing time and resource saving benefits for both the accused and law enforcement.

Heritage and Funding of Political Parties

Igor Soroceanu — 2026-05-26

Regulation of political party funding and asset management is essential to maintain integrity and transparency in the political process. This fact is essential to persist in a rule of law and democracy. In the context of this scientific approach, we propose to highlight some aspects of essential importance regarding the status and type of patrimony of political parties, as well as the legal basis and the way of financing political parties.

Contextual-Historical Landmarks of the Emergence of the Term “Transnational Law”

Alexandru Bostan — 2026-05-26

This paper explores the origin and evolution of the term “transnational law”, in the seminal special contribution of Philip Jessup. In 1956, Jessup introduced the concept, defining it as including both public and private international law as well as other non-conventional rules. Jessup criticized the limitations of traditional legal approaches, proposing an integrated vision that recognizes the role of non-state actors and soft-law norms in transnational regulation. The paper also discusses the initial resistance to this concept and its subsequent acceptance and expansion, highlighting its importance in the age of globalization. The author concludes that transnational law of fundamental change in legal thinking, reflecting the complexity of a globalized and interdependent world.

Assessment of Evidence in the Review of Appeals by the Supreme Court of Justice — Constitutional Prerogative or Discretionary Right?

Iulian Rusanovschi — 2026-05-26

The article analyzes the latest related changes that were made with the adoption of Law no. 64/2023 regarding the Supreme Court of Justice, which modified the grounds for an appeal against decisions of appellate courts. Thus, even though the role of the Supreme Court is to ensure the uniform application of the law and to verify only the legality of a decision made by a lower court, the legislator introduced an innovation that grants the Supreme Court of Justice the arbitrary right to examine the merits of a decision made by a lower court and to assess the evidence, thereby acting as a court of first instance. These realities are currently unfolding in a context where hearings in the Supreme Court of Justice occur in the absence of the parties. In the event of examining the merits of the appealed decision and reassessing the evidence without hearing the parties, there is an imminent risk of arbitrary decisions being made and the use of the appeal as a disguised form of a second-instance review under the pretext of unreasonable assessment of evidence by the courts.

Artificial Intelligence in the Investigation of Medical Crimes: Perspectives and Challenges

Constantin Pisarenco — 2026-05-26

The article examines the application of artificial intelligence (AI) technologies in the investigation of crimes related to inadequate medical care. It analyzes the advantages and limitations of using AI, including enhancing the accuracy and speed of investigations, and discusses ethical and legal aspects. Practical examples are provided, and recommendations for integrating AI into legal and medical practice are proposed.

Tactical Procedures Used in the Process of Verifying the Statements at the Crime Scene

Mihai Sorbala — 2026-05-26

During the criminal investigation, it is often necessary to verify or clarify the statements made by witnesses, victims, suspects or accused about the events of the committed crime. Such verification is useful for the criminal investigation officer and the prosecutor investigating the case in order to be convinced of the real existence of some or other circumstances, factual circumstances at the crime scene that were stated during the hearing of the persons. Verification at the crime scene of the statements of the persons involved in the process is often accompanied by difficulties of an objective and subjective nature. However, the complex research of the subject of the procedures and tactical peculiarities of the act of verification at the crime scene of the statements of the persons involved in the trial has a major theoretical and practical importance — fact that outlined the object of our research. Thus, the given study is focused on these fundamental issues, within which the theoretical suggestions and practical recommendations for the application of criminal procedural norms and proposals for amending criminal procedural legislation are aimed at optimizing activities in the field and essentially strengthening procedural guarantees in the case of persons involved in the orbit of the criminal trial.

Geneva Act of Lisbon Agreement on Appellations of Origin and Geographical Indications and Its Significance for the Republic of Moldova

Svetlana Grisciuc-Bucica — 2026-05-26

The Appellations of Origin of the goods and Geographical Indications are independent objects of intellectual property and have a certain feature, indicate the place of origin. This article presents a legal analysis of Lisbon Agreement for the Protection of Appellations of Origin and their International Registration and Geneva Act of Lisbon Agreement as International Lisbon System. In particular, the article presents a detailed analysis of the provisions of the Geneva Act, advantages and features, and its significance for the Republic of Moldova.

Considerations regarding the legal report in business law

Elena Doina Ghica — 2026-05-26

The objectives of this research paper are to understand, from a theoretical and practical perspective, the content of legal relations in business law. Business law aims to meet practical needs in the field of business, being constantly adapted to new economic challenges, a particularity that determines the modification, in full agreement and the legal relationship underlying it, in the dynamics of economic life. Business law is an interdisciplinary science that has a wide scope, including norms of other branches of law.

Violation of the Supremacy of the Constitution by Circumventing the Constitutional Procedures For Its Revision

Serghei Turcan — 2026-05-26

The Constitution is the supreme law which regulates the fundamental social relations which are essential to the establishment, maintenance and exercise of power and which enshrines the fundamental human rights and freedoms. Supremacy is a feature of the Constitution that places it at the top of the political-legal institutions in a society organized in the state. The protection of the supremacy of the Constitution is also expressed through the rigidity of the procedures provided for its revision. Any revision of the Constitution, regardless of the reasons invoked and the procedure used, must comply with the procedure provided by Title VI of the Supreme Law. The circumvention of the constitutional provisions regarding the revision of the Constitution represents a violation of the supremacy of the Fundamental Law.

The Evolution and Complexity of the Concept of “Legal System”: Normative and Sociological Approaches

Ion Postu — 2026-05-26

This article examines the evolution of the concept of the legal system, tracing its origins from 18th-century political philosophy and legal theory to its modern interpretations in comparative law. It explores the close relationship between the concepts of “law” and “legal system”. The article delves into the distinctions and overlaps between law and the legal system, emphasizing their relevance in the contemporary analysis of legal phenomena. It traces the development of legal systems from early theoretical foundations to their current functions, analyzing how legal norms, procedures, and institutions interact with societal structures and values. Modern legal science does not have a universal approach to defining a “legal system,” but it generally encompasses both normative and sociological perspectives. The normative approach views the legal system as an ordered set of legal norms and institutions, while the sociological approach considers it a subsystem of the broader social system, influenced by socio-economic and political factors. This article argues for the use of the term “legal system” in legal typologies, as it provides a more comprehensive understanding of a country’s legal phenomena. The authors propose their own definition of the “legal system” concept.

Values in Law: A Comparative Approach with References from Romanian, Russian, English, French, and Moldovan Legal Literature

Andrei Negru — 2026-05-26

The identification of legal values, which form the foundational support for the existence of the contemporary legal system, represents that synthetic social element that both differentiates and simultaneously ensures the evolutionary continuity of any legal system in its historical development process. When we focus on a value-based system, we accept as an axiom the interaction, mutual influence, and interplay of systemic elements of values that define the legal system at a given stage of societal development. Furthermore, values in law must inevitably be viewed as a component of a nation’s social and legal culture, since law, being an integral expression of this culture, inversely influences the evolution and preservation of national social and legal culture.

Court-Appointed Legal Representation as an Instrument to Uphold Public Interests in Criminal Trials

Smochina Andrei — 2026-05-26

The public interest in criminal proceedings is defined by the right to a fair trial, as well as the fundamental interest of the court in its own legitimacy to conduct criminal proceedings in a timely manner, without postponements, interruptions, or disruptions. One of the instruments for ensuring the public interest in this case is mandatory legal aid, the determination of the need for which is the prerogative of the court, based on the volume and complexity of the legal and factual circumstances of the case, which may go beyond the competence of even a legally qualified defendant.

Some Modern and Contemporary Approaches From Socio-legal Doctrine Regarding Legal Consciousness

Dumitru Baltag — 2026-05-26

Legal consciousness as a form of social consciousness formulates the concepts, theories and doctrines historically derived and transformed with the inflection of the economic, political and social regime. It expresses the assessment of the law in force in society. Legal consciousness interacts with other diverse forms of social consciousness: moral, religious, political, etc. The legal sense of the legal conscience is that part of the „inner good“, which directs as an accelerator of behavior, and which guides us in the approval or disapproval of some actions or some social situations, having a legal norm as a report. Legal consciousness is conceived from a pre-established legal order, especially based on valid and current norms in a given society; a distinct normative order that can be coercive and educative and that incorporates obligations and sanctions manifested in the form of primary and secondary norms.

The Test Applied by the European Courts of Human Rights in the Context of the Principle of Legality of the Crime and Punishment

Gheorghe Renita — 2026-05-26

When the European Court of Human Rights finds an interference with a right guaranteed by the European Convention on Human Rights, the European Court checks, first of all, whether the interference is provided for by law. If the answer is yes, then the European Court of Human Rights analyzes whether the interference pursues one or more legitimate aims. Again, if the answer is yes, ultimately the European Court of Human Rights checks whether the interference is necessary in a democratic society. This analysis algorithm is also called “triple test”. These steps are followed in most cases. However, this study shows that in the context of Article 7 of the European Convention on Human Rights (article which guarantees the principle of the legality of the crime and the legality of the punishment), the Court of Strasbourg applies, in essence, the test of the quality of the law, with some particularities.

The Nature of the Positive Obligations of States Regarding the Protection of Migrants in the Light of the Universal International

Alexandr Cauia — 2026-05-26

The protection and guarantee of the rights of migrant workers have been a constant concern within the UN system. The foundation of the United Nations and the adoption of the UN Charter laid the foundation for a new phase in interstate relations in the field of human rights protection.

The UN Charter represents the first multilateral international treaty that initiated the development of interstate cooperation around human rights protection. Even though during the process of drafting the relevant international legal framework, states with different political and social systems deliberately avoided specifying the content of many of the developed concepts and provided general definitions, a wide range of international instruments have been adopted at the universal level. These instruments establish a general legal framework for regulating international migration and set standards regarding human rights and fundamental freedoms, including the rights of migrant worker.

Aspecte teoretico-practice privind importanța interpretării clasice a unor norme imperative de drept internațional

Vitalie Gamurari — 2026-05-26

The last decades have been characterized by attempts to interpret imperative norms of international law depending on the national interests of states, particularly the Great Powers. Such an
approach can have negative effects on international law as a whole. Indeed, the founding fathers
of these norms engaged in extensive debates to establish the spirit and essence of imperative
norms in the interest of the international community as a whole. The classical interpretation
of imperative norms is one of the pillars of the uniform application of international law.

Foreword

Vitalie Gamurari — 2026-05-26

Publicaţia periodică ştiinţifico–teoretică şi informaţional-practică „Studii Juridice Universitare“ a fost fondată în 2008, iar pe parcursul anilor a suferit mai multe modificări, inclusiv de fond și de formă, de fiecare având un scop nobil — îmbunătățirea calității volumelor publicate.
Astfel, respectând rigorile față de o revistă științifică, stabilite de autoritățile competente, a fost acceptat trecerea la formatul editării a două numere per an — Nr. 1 și Nr. 2, rezervând posibilitatea de editare a unui număr special, fie cu ocazia unei manifestări științifice semnificative, fie a unui proiect științific internațional.

Revista a trecut mai multe etape din punct de vedere al editării. A fost fondată în cadrul Facultății Drept, apoi a fost editată împreună cu Școala Doctorală Drept, modificarea respectivă fiind dictată de noul cadru legal — adoptarea de către Parlament la
17.07.2014 a Codului Educației al Republicii Moldova, în vigoare din 23.11.2014, dar, în egală măsură și a Regulamentului privind organizarea studiilor superioare de doctorat, ciclul III, aprobat prin Hotărârea Guvernului nr.1007 din 10.12.2014.
Actualmente revista este editată de Facultatea Drept și Școala Doctorală ULIM, care la rândul său a unificat cele 3 (trei) școli doctorale existente anterior, având în cadrul său și 3 (trei) reviste acreditate de ANACEC.

The Guarantee of Human Dignity in the Case-Law of the Constitutional Court of Republic of Moldova

Serghei Turcan — 2026-05-26

Human dignity is listed among the fundamental values that are reference points for the constitutional system of the Republic of Moldova. Dignity is an inalienable attribute of the individual, a value that constitutes the basis of all human rights and prohibits any humiliating or degrading attitude towards the individual. Every human being deserves to be respected unconditionally, dignity being part of the essence of human rights. Therefore, human dignity cannot be affected in cases of restricting the exercise of a fundamental right. In its case-law regarding the amount of the minimum wage, the Constitutional Court established that human dignity is not compatible with poverty and, therefore, the state authorities cannot claim to have taken into account the dignity of its citizens when the minimum wage does not allow the individual to cross the poverty threshold.

Review of the work “Tipologia sistemelor juridice contemporane” (“Typology of contemporary legal systems”), by Postu Ion and Veronica Rusnac. Chişinău: ULIM, 2024

Alexandru Bostan — 2026-05-26

Necesitatea de a ordona și clasifica este esențială pentru orice știință, însă în domeniul social, unde există o diversitate de opinii, această necesitate devine și mai pronunțată. Astfel, tipologia dreptului capătă o importanță deosebită datorită caracteristicilor sale sistemice evidente.
Autorii Ion Postu și Veronica Rusnac subliniază necesitatea de a reconsidera vechile paradigme stabilite la mijlocul secolului XX, care descriau un peisaj juridic static. Aceste paradigme nu mai reflectă realitățile actuale, unde, datorită globalizării juridice, sistemele juridice naționale devin din ce în ce mai permeabile. Autorii propun că existența sistemelor juridice mixte conturează o nouă paradigmă juridico-socială, care necesită perspective flexibile și adaptabile sistemelor contemporane.

Review of the work “Reglementarea juridică și asigurarea inviolabilității vieții private, familiale și intime” (“Legal regulation and ensuring the inviolability of private, family and intimate life”), by Butnaru Iulia and Țurcan Serghei, Chișinău: ULIM, 2

Andrei Smochina — 2026-05-26

Monografia reprezintă o investigaţie ştiinţifică în care exercițiul analitic se materializează în certe rezultate științifice, care elucidează problemele legate de protecția dreptului la invilabilitatea vieții private, detalii, care de obicei, nu sunt prezente exhausiv în bibliografia de specialitate. Retrospectiv, vom observa că până în prezent nu a existat un studiu integral al problematicii menționate.
Tema tratată de autori reprezintă cu adevărat o provocare teoretică, rezultată direct din modul de a trata și de a tranșa problematica garantării dreptului fundamental la inviolabilitatea vieții private.

The European Single Market and the Impact of the Jurisdictional Reasoning of the Court of Justice of the European Union

Mihai Poalelungi — 2026-05-26

The subject of this research is the impact of the Court of Justice of the European Union. The study reveals the multitude of areas in which the Court has been the catalyst of the evolution. The legal changes brought have both promoted fairness between European citizens and developed their fundamental rights. Although the European Union started from a purely economically oriented entity, it shows the translation of European visions and values into improved quality of life, as well as focusing on economic, social and political developments. The research shows the obstacles encountered by the Court and the imperfections of the decisions taken. However, it has to be recognized that even if the Court in some cases took on a risky assumption of competences and in other cases wanted to impose itself by unwillingly questioning the remaining sovereignty of the Member States, in the end the evolution is positive. The rulings of the Court of Justice of the European Union have generally had a positive effect both in the formation of today’s European Union and in the achieving objectives crystallized in this common European path of equity, prosperity and socio–economic development.

Recommendatory Documents Adopted by International Organizations Through the Effects Prism in Report to the States Mandatory Obligations

Aliona Cigulea — 2026-05-26

The international normative system is one complex in which legal norms have a special role. Practice shows, despite the fact the violation cases number or non-compliance with international law norms are increasing, however states and other international actors try to justify their actions through arguments based on international law. But, such an approach can and should be seen as a recognition of the legal norms role and place within the international normative system. The international law evolution and codification process clearly demonstrates the approach by states to the gradual recognition of the international law supremacy in the process of regulating international relations. The 20th century second half was characterized by the “forceful” codification of international law, including thanks to the efforts undertaken by the International Law Commission empowered by the UN General Assembly with the noble function.

Transfer of Convicted Persons - Form of International Legal Assistance in Criminal Matters

Mihai Sorbala — 2026-05-26

International judicial cooperation in criminal matters is a very topical challenge in the field of law, both due to its importance and the complexity it involves, with national and international consequences. From this remarkable angle, it should be emphasized that international legal assistance in criminal matters represents an extremely important field within international cooperation between states and is a form of international legal cooperation. In this sense, the transfer of convicted persons represents, in addition to the other forms of international legal cooperation in criminal matters, therefore, an important form of international legal cooperation, or an institution, action of international cooperation in criminal matters.

The Exclusion of the Annulment Appeal From the National Legislation by Law no. 264/2023 Through the Lens of the Right to Defense and Free Access to Justice

Iulian Rusanovschi — 2026-05-26

The article analyzes the emergence and evolution of an extraordinary legal remedy—an appeal for annulment—in the legislative system of the Republic of Moldova, including the exclusion of the appeal for annulment from criminal proceedings through Law No. 264/2023. With the removal of this legal remedy from criminal procedures, another internal mechanism for ensuring the right to defence and free access to justice disappears on the one hand. Still, it also eliminates an important national lever intended to prevent potential condemnations of the Republic of Moldova by the European Court of Human Rights on the other hand. Although the legislator initially aimed to improve the quality of justice through this law, the consequences may turn out to be quite different. With the exclusion of the appeal for annulment from criminal procedures, there is no longer any internal mechanism to address the fundamental flaws that are often present in judicial processes.

Maximizing the Entity’s Value Through Financial Balance Analysis From a Patrimonial Perspective

Cristina Mihaela Nagy — 2026-05-26

The objectives of this article are to provide both a theoretical and practical understanding of the concepts of patrimony, financial balance, social capital, and goodwill; to determine the legal nature of patrimony; to identify its component elements; and to understand the role of financial balance analysis from a patrimonial perspective in the operation of an entity. The patrimony at the start of an entity’s activity is subject to changes due to cash flows during the financial period, as well as modifications in the value of patrimonial elements as a result of price dynamics, changes in stock prices, and the exchange rates of foreign currencies held. These factors influence profitability by either increasing or decreasing revenues, independently of the company’s efforts.

Arbitrability of Corporate Disputes in Foreign Doctrine and Foreign Legal Systems

Igor Arseni — 2026-05-26

According to the current doctrine of civil law, the subject of law independently exercises civil rights, including the right to judicial protection. The choice of the form of protection is provided to the person whose rights have been violated, and this can also be attributed to the preliminary agreement of the parties to the corporate dispute. It should be noted that due to the length and inefficiency of judicial procedures, more and more attention has recently been paid to issues of alternative dispute resolution. In this regard, the out-of-court form of resolving corporate disputes is of particular interest. Due to the heavy workload of national courts, the issue of out-of-court dispute resolution is becoming increasingly important. At the same time, arbitration is considered a traditional method of resolving disputes even in Roman law. One of the controversial and legally unresolved issues in the theory of arbitration is the possibility of arbitration of disputes. The problem lies not only in the legislative definition of the term “arbitrability”, but also in the lack of clear standards regarding the arbitrability/ non-arbitrability of disputes. The need to study arbitrability is also due to the formation of an ambiguous position in the theory of arbitrability of disputes, including issues of company relationships. Thus, it can be concluded that the principle of arbitrability does not allow for sufficient answers to the question of the arbitrability of disputes with corporate elements. Thus, the need for scientific understanding of the theoretical foundations and the formation of a strong institution of arbitration and a theoretically sound concept of arbitrability both in theory and in practice determined the relevance of the research topic. Keywords: arbitrability, arbitration, corporate dispute, arbitration agreement, non-arbitrability.

Legal Nature of Pauline Action (III)

Nicolae Fala — 2026-05-26

From a practical point of view, there is no longer a need for a consolidated theory of the Pauline action to explain all its aspects, but it would be sufficient to evoke the general principle in the form of the prohibition of defrauding the rights of creditors, which should be developed in a praetorian way through judicial precedents. The Pauline action is built on some derogations from the fundamental principles of civil law, namely the principle of freedom of contract, the relativity of the effects of the contract and the inviolability of property.

The Educational Ideal - a Procustian Notion of Human Rights and Liberties

George Vlaescu — 2026-05-26

This paper attempts to capture some of the relationships that have arisen in the European cultural space between human rights and the „queen“ of educational systems, the educational ideal, in the context of the somewhat abrupt transition of formal education from faith to secularization, from nationalism to interculturalism. A study that delves into the dysfunctionality of these relationships on a historical time scale, with the aim of inviting reflection and encouraging the promotion of human rights in contemporary education systems.