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The authors of this paper present a detailed analysis of the evolution process of the writ proceedings within different systems of law applied throughout the current territory of the Republic of Moldova. This work also highlights main historical moments that led to the modification, adjustment and even removal of the writ procedure from the content of civil procedure codes. The paper provides details on categories of claims that traditionally were part of the writ proceedings and the trial in writ proceedings cases at different stages of evolution of the writ proceedings.

Th e authors of this paper present a detailed analysis of the evolution process of the writ proceedings within diff erent systems of law applied throughout the current territory of the Republic of Moldova. Th is work also highlights main historical moments that led to the modifi cation, adjustment and even removal of the writ procedure from the content of civil procedure codes. Th e paper provides details on categories of claims that traditionally were part of the writ proceedings and the trial in writ proceedings cases at different stages of evolution of the writ proceedings.

Th e authors of this paper present a detailed analysis of the evolution process of the writ proceedings within diff erent systems of law applied throughout the current territory of the Republic of Moldova. Th is work also highlights main historical moments that led to the modifi cation, adjustment and even removal of the writ procedure from the content of civil procedure codes. Th e paper provides details on categories of claims that traditionally were part of the writ proceedings and the trial in writ proceedings cases at diff erent stages of evolution of the writ proceedings.

It is well-known that transnational data flows are rising simultaneously with the increasing use of social media, webmail, messaging services, and apps to communicate, work, socialize and gain information, unfortunately, including also unlawful purposes. Criminal procedural measures for gathering evidence as part of a criminal investigation are usually national in scope, but obtaining electronic evidence often has cross-border implications. Courts and legislatures have often failed to keep pace with rapid advances in digital technology and computer software capabilities. This paper analyzes the European legal framework for the transnational gathering of electronic evidence in Europe. Initially, it argues the challenges of the cross-border gathering of electronic evidence in criminal investigations

The present paper includes an analysis of national normative framework on the institution of criminal accountability of judges, with emphasis on the preliminary stage of criminal prosecution and on the incipient stage of criminal prosecution. The author synthesizes the value of judicial self-administration – of the Superior Council of Magistracy and of the Judicial Inspection – in examining the General Prosecutor`s request of beginning criminal prosecution or exercising particular actions of criminal prosecution (detention, forcible accompaniment, searching, arrest) against judges. The approach is based on identification of mechanisms detained by bodies of judicial self-administration to legally protect criminally prosecuted judges, being argued the necessity of recognition additional guarantees for this professional category, due to the specific status of judges in comparison with that of other subjects.

The issue analyzed in the present paper refers to the fact if judges must be verified and/or assessed in their activity. In case of affirmative answer, we have to establish exigencies demanded for these verifications and/or assessments, to ensure the balance between the protection of public interest and judges’ private life. We emphasize the necessity to respect both the principle of separation and collaboration of powers and the independence of judges as individuals and of the Judiciary as a hole. We propose to develop within the Judicial Authority efficient mechanisms of intervention in the field of verification of office-holders (referring to judges and candidates for the position of judge) and in the field of assessment the professional integrity of judges. Simultaneously, we argue the indispensability of collaboration, in particular conditions, between the representatives of the Judiciary (The Superior Council of Magistracy, The Judicial Inspection) and the representatives of the executive power (The National Anticorruption Center, The Security and Intelligence Service, The National Integrity Authority), in order to exercise complex and qualitative verifications and/or assessments, avoiding threats to independence and the impartiality of magistrates.

In the paper, the author tried to present the essence of the principle of the jurisdictional immunities of states from normative to jurisprudential perspective. Particularly, it was made an analysis of the main normative instruments enshrining that principle of customary origin, as well as there were passed in review early cases solved by the International Court of Justice in which magistrates had settled on its implications regarding the immunity recognized to the Head of the state, as the representative of the State at the highest level, and to the Minister of Foreign Affairs in office. În prezentul articol, autorul a încercat să prezinte esenţa principiului imunităţii de jurisdicţie a statelor din perspectiva normativă şi jurisprudenţială, în special efectuând o analiză a principalelor instrumente normative care consacră respectivul principiu de origine cutumiară, precum şi trecând în revistă cauzele timpurii soluţionate de Curtea Internaţională de Justiţie, în care magistraţii s-au pronunţat asupra implicaţiilor lui cu referire la imunitatea recunoscută unui şef de stat, ca reprezentant al statului în cel mai înalt grad, şi unui ministru de externe în exerciţiu.

În prezentul demers ştiinţific autorii au efectuat o analiză a conceptului provocării organizate în lumina jurisprudenţei degajate de Curtea Europeană a Drepturilor Omului, reliefând esenţa acesteia, particularităţile, principiile generale de organizare şi desfăşurare a operaţiunilor speciale ale agenţilor statului, precum şi garanţiile procesuale inerente dreptului la un proces echitabil în contextul respectiv. Au fost scoase în vizor principalele cauze în care forul contenciosului european s-a pronunţat asupra provocării organizate de către forţele poliţieneşti, un loc separat revenind jurisprudenţei dezvoltate versus Republica Moldova. In the present scientific paper, the authors carried out an analysis of the concept of the organized entrapment in the light of the case law developed by the European Court of Human Rights, highlighting its essence, particularities, general principles of organizing and carrying out the special operations of state agents and procedural guarantees inherent in the right to a fair trial in that context. There were analysed main cases in which the European forum ruled on the entrapment organized by the police forces, and a separate place was offered to the case law versus Moldova.

În condițiile în care legislația procesual-penală a Republicii Moldova nu reglementează explicit instituția interacțiunii, în prezenta lucrare s-a efectuat o analiză complexă a prevederilor normative ce conțin abordările aferente acestui proces. Totodată, au fost trasate tendințele actuale la capitolul legiferării interacțiunii diferitor organe implicate în procesul penal. Demersul științific este îndreptat, în primul rând, spre determinarea bazelor normative ale interacțiunii în cadrul cercetării infracțiunilor cu oferirea unor soluții procesuale concrete în cazul problemelor care ar putea apărea în activitatea comună a reprezentanților organelor de drept. Au fost trasate direcții prioritare ce vizează ajustarea cadrului normativ existent la cerințele stridente ce s-au evidențiat în actuala activitate a practicienilor. This article presents a discussion on the legal bases of interaction regarding criminal matters investigation and prosecution. Article sets out legal bases for interaction statutory by law and departmental normative acts. Research field regards theoretical andpractical problems. This paper treats the rules of interaction, determining the position to be adopted by criminal procedure bodies. After a general discussion of the legal basis and its significance for criminal proceeding, we examine the improvement of existing norms for criminal prosecution.To effectively prevent and combat crimes, practical cooperation between criminal justice authorities is required.

The professional conduct of judges is of great interest for the society, the act of justice being exercised directly by them. For these reasons, a qualitative monitoring of the activity of the mentioned category of professionals is a necessity in a democratic society. This paper refers to the mechanisms of control exercised by the Judicial Authority in such areas as judicial ethics, professional deontology and discipline. It is a reflection on the procedures of examining the petitions and the complaints by the Judicial Inspection, revealing the similarities and the differences between these procedures. Is emphasized the role of the Judicial Inspection, as an inherent part of the Judicial Authority, in improving the accountability of magistrates, through mechanisms strictly regulated by law, priority being given to the independence of judges in part and of Justice in general.

This paper is an endeavor to analyze Moldova’s legal framework aimed at regulating Special investigative activity in terms ofsubjects and their functional competencies, invested by a legislator with duties of supervisingSpecial investigative measures. It is also an attempt to reveal the normative inconsistencies specified in the regulatory content of the Criminal Procedural Law, including a verifiable analysis of the legal norms stipulated in the Code of Criminal Procedure, as well as other regulations related to this specific area of state activity specified in the related legislation. Moreover, the author sought to highlight the adverse legal effects that may be generated by the misinterpretation and misapplication of the legal norms related to Special investigative activity. While carrying out this study, we have taken into account the practice of law enforcement by state bodies in conducting criminal investigations, as well as the attempt to clarify and define the concept of ,,supervising special investigative activity”.

This paper is an endeavor to analyze Moldova’s legal framework aimed at regulating Special investigative activity (SIA) in terms of subjects or, in other words, of procedural exponents, invested by a legislator with duties of carrying out SIM. It is also an attempt to reveal the normative inconsistencies specified in the regulatory content of the Criminal Procedural Law, including a verifiable analysis of the legal norms stipulated in the Code of Criminal Procedure, as well as other regulations related to this specific area of state activity specified in the related legislation. Moreover, the author sought to highlight the adverse legal effects that may be generated by the misinterpretation and misapplication of the legal norms related to SIA. While carrying out this study, we have taken into account the practice of law enforcement by state bodies in conducting criminal investigations, as well as the attempt to clarify and define the concept of “carrying out special investigative activity”. The research is also an attempt to clarify the competences of procedural subjects in charge of conducting SIA, as well as their functional interdependence in this activity. Furthermore, the study reasons upon some author’s assertions regarding the legal nature of SIM results from the perspective of the theory of evidence, particularly the admissibility of evidence obtained through SIM, the procedural stage at which the SIM can be performed, the impact of the current normative inadvertences regarding the possibility of taking evidence by means of SIM. The research has also been focused on identifying the prosecutor’s functional characteristics in conducting special investigative activity.

In the research paper has been described over the years formed a problematic situation that is a reaction to the opening of the fact that committing negligent crime to several persons does not fit in the prepared conceptual scheme theory of complicity in crime. This requires further advancement of theoretical and legal instruments that more adequately reflect the objective reality – the existence of negligent crime committed by several persons.

In the present paper, the author analyses the institution of the exception of unconstitutionality, including the developments in this area in the domestic case-law and the comparative law aspects. The exception of unconstitutionality is an efficient instrument of the person’s access to constitutional justice in many countries. Over the years, in our country, due to the restrictive application of the constitutional provisions, this institution had operated in an ineffective form. By Judgment No.2 of 9 February 2016, performing a functional and evolutive interpretation of the constitutional provisions, the Constitutional Court paved the way for the efficiency of this institution. If it will be possible to improve the institution’s potential, from the stage of trial on the merits, the access to the Constitutional Court by means of the exception of unconstitutionality will be an effective measure to defend the constitutional rights of the individuals in Republic of Moldova. It will be also an effective way to review the constitutionality of the laws concerning the fundamental rights and freedoms.

Actually, principle of subsidiarity has certain reflection in the European Union law and international law of human rights, manly law of the European Convention on Human Rights. With regard to the European Union, principle of subsidiarity acts as a criterion that regulates the execution of shared competences between the EU and member-states. On the one hand, it excludes the EU intervention when an issue could be regulated more efficiently by member-states at central, regional or local level. On the other hand, the European Union exercises its powers when member-states are not capable to fulfill adequately goals of the Treaties. With regard to the ECHR law, subsidiarity principle implies the obligation of the victims of the ECHR violation to appeal firstly to relevant domestic remedies, to allow the national judge of a higher court to rectify the errors committed by lower courts, so as domestic legal system could itself rectify violations of human rights and fundamental freedoms. In the present scientific paper, the author tried to prove modern implications of the principle of subsidiarity in international public law, and also to elucidate its essence and inherent characters.

Within a fair trial, a major role is occupied by respecting the right to trial within a reasonable time, especially aft er the decision of the European Court of Human Rights in the case Kudla against Poland in 2000. In that case, Th e Court held that examination of the case „a reasonable time“ is not within the purpose of the procedure, but how stems procedure. In other words, ‘reasonable time’ can be violated even if the proceeding, in substance, is fair. Th us, we proposed in this paper, to analyse which is the task for the judge to set reasonable time in order to ensure civil trial between risks and benefi ts. Th e obligation to fulfi ll the reasonable time stipulated by Article 6 par. 1 of the Convention is an obligation of result incumbent upon States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms.

Th e European Court of Human Rights developed specifi c case-law with reference to positive obligations put upon contracting parties according to art. 8 of the European Convention on Human Rights. As it is proved further, contents of art. 8 (right to respect for private and family life) prescribe much more positive obligations as any other article of the ECHR, this fact due to the very complex nature of elements of protection enshrined there. In the present scientifi c paper, there are analyzed the following positive obligations based on the respect for private life: offi cial recognition of a chosen name; recognition of ethnic identity; assurance of the access to offi cial information; promotion of facilities to persons with special needs; assurance of persons’ physical, moral and sexual integrity; offi cial recognition of transsexual persons’ legal status; protection against pollution; protection of personal data etc.

Within this scientific paper, the research object refers to the problem regarding the returning of the forced execution as it is expressed in the legis- lation of the Republic of Moldova. It reveals that, the returning of the forced execution represents the opposite situation of the fulfilled execution, it impose the creditor’s obligation to return to the debtor everything that was gained through the forced execution, taking into account that the le- gal obligation relationship between the creditor and debtor, based on which all the cashings were done was declared void, the avoiding of the restitution from the creditor’s side will create the situation of his unjust enrichment. Also it is done a thorough examination of the legal framework, conditions in which it takes place, limitation cases as well the procedure of returning of the forced execution. Not at least, this particular work treats some legal gaps and new law proposals for the improvement of the legal framework that regulate the returning of the forced execution.

According to Article No. 246 of the Criminal Procedure Code of the Republic of Moldova, is considered an off ense of limiting free competition the limiting free competition through concluding an illegal agreement that provides the division of labor; limiting access to the market, with the removal of other economic agents, increasing or maintaining the unique price, if by this was obtained a extremely large profi t or were caused extremely large damage to a third party. In Romania the Law No. 187/2012 to the implementation of the Law No. 286/2009 on Penal Code1 , entered into force on 1.02.2014 brings a number of notable amendments to the competition law No. 21/1996 in the sanctioning regime matter. This paper analyzes the criminalization compatibility of the competition law infringements with international and domestic standards in criminal law of competition, both from the perspective of the law, as well as how they are applied in practice. In conditions in which the competition law is harmonized at community level, an consistent part looks the situation at the EU and other state members level