Perspectives of Law and Public Administration

2012 - 2023

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Volume 8, issue 2, 2019

NOISE POLLUTION IN ALBANIA TOWARDS EUROPEAN STANDARDS pp. 181-185

Stela Mecaj

THE LEGISLATIVE ACTS OF THE EUROPEAN UNION pp. 186-191

Adriana Deac

THE RIGHT TO REPLY FROM A MEASURE FOR RESTORING THE RIGHT TO DIGNITY TO A PERSONALITY RIGHT pp. 192-207

Maria Irina Budica-Iacob (Iacob)

LESION IN CONTRACTS BETWEEN PROFESSIONALS pp. 216-223

Eugen Sarbu

THE FIDUCIARY MANAGEMENT AND ITS APPLICATIONS IN THE ROMANIAN LAW Abstract: The fiduciary management represents, together with the fiduciary guarantee, the most used type of fiduciary contracts. This modality of fiducia has become the preferred way of using this institution in practice, a fact proved by the registrations in the National Register of Mobile Publicity. Moreover, this branch of the fiducia is in fact the archetype of this institution. The benefits of the fiduciary management are numerous and were only partially discovered in practice in Romania and through this study we want to highlight other benefits. Among the benefits of this type of fiducia with important implications in the civil circuit we mention the possibility of entrusting a patrimonial mass to some professionals in order to manage these assets as efficiently as possible, maximizing the profit generated by the fiduciary mass without the impediments related to the formalities required for a mandate, overcoming the problems related to representation of the beneficiary in the context of corporate, capital market or transaction deals. As regards the practical applications of fiduciary management, these can come from various fields of civil law. Among the most used we list the following: shareholder management in a commercial company, real estate management, management of a trust consisting of financial assets, management of civil lawsuits, management of assets owned by foreign residents, business management, management of the assets of minors/incapable pp. 257-264

Günay Duagi

CRIMINAL LIABILITY OF THE LEGAL PERSON Abstract: The legal person, with the exception of the state and the public authorities, is criminally liable for the crimes committed in the accomplishment of the activity object or in the interest or on behalf of the legal person. Public institutions are not criminally liable for the crimes committed in the exercise of an activity that cannot be the subject of the private domain. The criminal liability of the legal person does not exclude the criminal liability of the natural person who contributed to the commission of the same deed. The criminal liability of the legal person is direct and personal, which means that the eventual right of recourse of the legal person against the natural person who is responsible for committing the crime is exercisable on the basis of criminal civil liability. Pursuant to the principle of the territoriality of the criminal law, foreign legal persons who commit crimes on the Romanian territory will be criminally liable according to the Romanian criminal law pp. 282-285

Petrut Ciobanu

LEGAL INSTRUMENTS WITH AN INTERNATIONAL VOCATION THAT REGULATE THE CONTROL OF WATER SEDIMENTS Abstract: The human being has been since the creation in full process of knowledge, of satisfying human needs but also of wellness, which represented on the one hand a progress, and on the other hand, it represented a forced acceleration of his life on earth, a situation that has created an exhaustion of all that means environment, disturbing the natural balance of nature and contributing to a significant degradation of environmental factors: atmosphere, water and soil. Water, as an environmental factor, essential and indispensable for human existence for survival, knowledge, wellness and progress, has become, in time, an exhaustible resource for the human being and the activities undertaken by it. Under the strong effervescence of the pressure of exhaustion and degradation of water resources, by the deposition of dangerous substances and materials, the necessity of creating new forms of constraint directed against those who disturb the natural balance of water resources was realized. These new forms of constraint and prevention of depletion of water resources, have taken the form of legal instruments meant to solve the problems arising in the prevention, protection and mention of water quality, but which will determine a sustainable progress for the population and for present and future generations pp. 286-290

Lidia-Lenuta Balan

PROTECTION OF RELIGIOUS FREEDOM IN THE CRIMINAL LAW OF ROMANIA AND OF THE REPUBLIC OF MOLDOVA Abstract: This scientific article is devoted to the reconceptualization of the legal-criminal protection of religious freedom in the criminal law of Romania and of the Republic of Moldova. The purpose of this scientific message consists in the meticulous identification and analysis of the special legal object of the criminal offenses referred to in paragraph (2) art. 381 Romanian Criminal Code and art. 185 of the Criminal Code of the Republic of Moldova. On this occasion they were subjected to a thorough analysis: the European legislation in the field of religious freedom, the criminal and extra-legal legislation in the field of religious freedom in Romania and the Republic of Moldova, as well as the contemporary doctrine of recent years. Following the study carried out, certain legislative gaps were identified that can be easily removed by reviewing the incriminating framework of the criminal acts that affect the religious freedom of the person. The conclusions of the broad law and the recommendations de lege ferenda created under the empire of the latest legislative tendencies at European level can be taken into account in the legislative process pp. 291-301

Aurel Octavian Pasat

JUS COGENS (PEREMPTORY NORMS)- A KEY CONCEPT OF THE INTERNATIONAL LAW pp. 302-304

Charlotte Ene

WAIVING THE CRIMINAL PROSECUTION ACCORDING TO THE DECISION OF THE CONSTITUTIONAL COURT NO. 23/2016 pp. 305-310

Ion Rusu

ASPECTS REGARDING THE NOTION OF PROFESSIONALS AND THE CLASSIFICATION OF PROFESSIONALS pp. 311-313

Ileana Voica

EVALUATION THE ASSETS OF THE DEBTOR IN THE INSOLVENCY PROCEDURE pp. 314-322

Nicoleta Tandareanu

THE LEGAL REGIME OF THE RETIREMENT OF THE EMPLOYED WOMAN AND OF THE PUBLIC SERVANT WOMAN IN THE ROMANIAN LAW SYSTEM pp. 323-327

Teodor Narcis Godeanu

RESPONSIBILITY OF THE ORGANIZING TRAVEL AGENCY FOR THE INADEQUATE PROVISION OF TOURIST SERVICES pp. 328-334

Ilie Dumitru

THE IMPACT OF ACT NO. 129/2019 FOR THE PREVENTION AND COMBATING OF MONEY LAUNDERING AND TERRORIST FINANCING ON THE FUNCTIONING OF CIVIL SOCIETY pp. 335-342

Loredana Costina

CONSTITUTIONAL HUMAN AND CITIZEN RIGHTS TO ENTREPRENEURIAL ACTIVITY pp. 343-351

Ivan Pankevych

PROTECTION OF FUNDAMENTAL RIGHTS IN THE EUROPEAN UNION pp. 352-357

Ioana Nely Militaru

THE CRIME OF TRAFFIC OF INFLUENCE IN THE NEW INCRIMINATION FORMULA pp. 358-367

Andrada Nour

THE ATTRIBUTIONS OF THE FAMILY COUNCIL pp. 368-375

Mihai-Adrian Damian

DIFFICULTIES IN THE PROCESS OF RETURNING THE EMPLOYMENT MARKET AFTER THE END OF THE CHILD-RAISING LEAVE pp. 376-379

Ana Vidat

ANALYSIS OF PARTY MOTIVES INTERESTED IN IRAN'S NUCLEAR PROGRAM pp. 380-384

Mentor Lecaj

LEGAL ASPECTS OF ECONOMIC ESPIONAGE pp. 385-392

Ovidiu Horia Maican

Volume 8, issue 1, 2019

POLISH, GERMAN AND FRENCH EXAMPLES OF THE APPLICATION OF ACTIO PAULIANA TO TAX OBLIGATIONS. REFLECTIONS ON THE SENSE OF THE DIVISION INTO PUBLIC AND PRIVATE LAW pp. 5-23

Rafal Szczepaniak and Marcin Krzymuski

STUDY ON THE LEGAL NATURE OF THE APPROVAL DOCUMENTS REQUESTED FOR COMPANIES pp. 24-28

Aida Diana D. Dumitrescu

THE WEALTH OF NATIONS – AN APPROACH BASED ON THE INTERNATIONAL VALUATION STANDARDS pp. 29-35

Bogdan-Radu Herzog

COMMAND ACTS OF MILITARY NATURE. CONSIDERATIONS ON THE ACTUALITY OF THE REGULATION pp. 36-45

Dan Constantin Mata

UNFAIR COMPETITION IN COMPARATIVE LAW. ANTITRUST LAWS, SPECIFIC TO AMERICAN LAW pp. 46-49

Cristina (Gherman) Iuhas

MONEY LAUNDERING INTERNATIONALLY Abstract: Being an organized crime activity, money laundering has become a major issue in recent decades. From the point of view of the general consideration of the notion of "money laundering", the context of this crime as a whole is to legalize an illegal income. Money laundering is and will remain a complex and dynamic phenomenon of great diversity, both in the public and private spheres, manifesting itself both actively and passively, being also a phenomenon unrecognizable to ordinary people. Regarding the content of the offense, it is presumed that it is a crime without victim, being considered without "emotional implications" in the offense category. The word best describing this type of offense is "discretion" because this kind of crime is one of the most difficult to identify, and one of the difficulties encountered by the investigators. Money laundering includes various methods and procedures that make it possible to obtain money or other assets from the illegal activity and conceal by disguising their origin or by giving a seemingly legal aspect of their source. Thus, it becomes one of the most widespread types of economic fraud, both nationally and internationally pp. 74-78

Oana Chicos

CONSIDERATIONS REGARDING THE RIGHT TO WITHDRAW OF THE STAKEHOLDERS IN THE CASE OF FUSION OF SOCIETIES. COMPARATIVE PRESENTATION pp. 107-112

Silvia Cristea and Viorel Banulescu

THE RIGHT OF WORK OF DISABLED PERSONS. COMPARATIVE APPROACH BETWEEN THE SITUATION OF ROMANIA AND THAT OF THE REPUBLIC OF MOLDOVA Abstract: The data presented in this study were collected using the content analysis as a research method, starting from the theoretical and practical concepts of the socio-professional insertion of persons with disabilities as well as from the legislative regulations adopted by the Romanian state and the Republic of Moldova in protection and promotion of the rights of people with disabilities. The status of people with disabilities, as well as their fundamental rights and freedoms, are among the most debated topics at European level, which are constantly reviewed and complemented in order to establish a universally valid normative framework that will contribute to combating discrimination at a general level and implicitly in the sphere of socio-professional insertion of people with disabilities in order to homogenize and equalize the discrepancies existing in the society. Regarding the contribution of Moldovan authorities in the socio-professional integration of people with disabilities, in recent years we note the constant interest of the central authorities to support the social inclusion of this social category by starting studies and collaborations with the Romanian authorities. In order to reduce the economic fluctuations impact on people with handicap, the Romanian state is meeting the international requirements and actively promotes social policies aimed at guaranteeing the careers of the people living in the community and preventing the emergence of social barriers restricts the implication of the defaulted profession to the social life. Following the Romanian example, in recent years, the Republic of Moldova is taking steps in this direction as well pp. 120-127

Diana-Mihaela Malinche

THE ADMINISTRATIVE CONTRACT REGULATED BY THE ENVIRONMENTAL LAW pp. 128-135

Simona-Maya Teodoroiu

ROLE AND PRACTICAL ATTITUDES IN ISSUE OF THE PROVISIONAL PROTECTION ORDER pp. 136-139

Camelia Daciana Stoian and Radu Nicolae Stoian

GENERAL DETAILS ABOUT EXTRASTATUTORY CONVENTIONS pp. 140-144

Andreea Purcea-Rezeanu

PAPERS ASSOCIATED TO THE ADMINISTRATIVE ACTS AND LEGAL UNILATERAL WILL IN THE FRAME OF THE ADMINISTRATIVE DECISIONAL MECHANISM pp. 145-148

Dumitru Stefan Coman

PRECARIOUS WORK: LEGISLATIVE CHALLENGES pp. 149-157

Raluca Anderco

INSTITUTION OF MATERNAL ASSISTANCE AS A CHILD PROTECTION MEASURE pp. 158-166

Laura Cetean-Voiculescu

THE LEGAL REGIME OF COMPETITION IN NETHERLANDS pp. 167-176

Ovidiu-Horia Maican

Volume 7, issue 2, 2018

BLOGGING CRIME pp. 124-127

Iuliana Stancu

MODERNIZATION OF PUBLIC ADMINISTRATION IN THE REPUBLIC OF KOSOVO pp. 128-132

Avdullah Robaj

SHORT CONSIDERATIONS REGARDING THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS ENSHRINED IN THE REVISED EUROPEAN SOCIAL CHARTER pp. 133-140

Marta-Claudia Cliza and Laura-Cristiana Spataru-Negura

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON THE PROTECTION OF INDIVIDUALS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND THE FREE MOVEMENT OF THESE DATA pp. 151-156

Adriana Deac

ANALYSIS OF THE LEGISLATION ON JUVENILE DELINQUENCY – KOSOVO CASE Abstract: This paper presents an overview of legislative activity in Kosovo in the field of the justice for minors focused after 2004 year. The goal of paper is to offer the legal and institutional experience ragarding the criminal responsibility of minors, procedural regulations related to investigation, prosecution, judicial process, execution of decisions, rehabilitation as well as every measure that has do to with the minor as a victim or as a witness, or any measure which covers the conflict with the law and a minor victim or/and witness of penal act. Problems of minors in the conflict with the law are complex and they require inclusion of many actors before and after the criminal act is done. Without an inclusion of all actors, the system of juvenile justice will not be effective. Paper is focused in the juvenile justice including the penal sanction, diversity measures and education measures. For the needs of this paper the combined methodology is used with the methods of comparaison analysis and the method of sistemic analysis. Paper reviews the legal basis of juvenile justice in Kosovo in order to explain how effective it was from 2004 to 2017 year. Findings witness that legislative measures have not achieved needed efficiency regarding its implementation Classification-JEL: K14, K36 pp. 178-182

Petrit Bushi

RECOGNITION AND EXECUTION OF FOREIGN ARBITRATION JUDGMENTS Abstract: International commercial arbitration system is enshrined in both national legislation and international conventions. The power of the arbitrators to resolve the dispute is conferred by the parties, who agree that their litigation be brought to the attention of private individuals. To that end, the parties to the dispute designate the arbitrators and undertake to accept the decision they will make. Such a procedure has three distinctive characters: arbitrary, commercial and international. The importance and effectiveness of arbitration in international relations have been recognized by the Final Act of the Conference on Security and Cooperation in Europe of 1 August 1975. In order to contribute to the development and promotion of trade and cooperation, the participating States at the Helsinki Conference recommend to bodies, firms in their countries include, where appropriate, arbitration clauses in commercial contracts and industrial cooperation agreements or special convention. In the same spirit, the United Nations General Assembly recommends, in its preamble to Resolution no. 31/98 of 15 December 1976, which adopted the Arbitration Regulation drawn up by the United Nations Commission on International Trade Law, its dissemination and its widest possible application in the world, thus recognizing the usefulness of arbitration as a method of settling disputes arising from international trade relations. In conclusion, in international trade relations, most of the litigation between participants is settled by arbitration as a form of private jurisdiction. Arbitration is an appropriate means to quickly and fairly regulate disputes that may result from commercial transactions in the field of goods and services exchanges pp. 205-213

Laura Rudnyanszky

THE „PROPAGANDA” CONCEPT IN THE CONTEMPORARY DOCTRINE AND THE CRIMINAL LAW OF ROMANIA AND THE REPUBLIC OF MOLDOVA Abstract: This scientific article aims at the interdisciplinary research of the concept of propaganda through the perspective of sociological, political and legal sciences, as well as the substantiation of a relevant study in the field of criminal liability for criminal acts that are committed in the form of propaganda. Therefore, as the objectives proposed for this study will serve the following: research into the contemporary doctrine in the field of sociology, political science and jurisprudence for the formulation of a concept relevant to the science of criminal law; the synthesis of characteristic traits of propaganda (deliberate action in the form of systematic communication) as ways of committing crimes that are incriminated in the contemporary criminal law of Romania and the Republic of Moldova; conducting a differentiated comparative study of the legal-criminal norms in the Special Part of the Criminal Code of Romania, as well as the Special Part of the Criminal Code of the Republic of Moldova; demonstrating inconsistencies in legislative technique that have been dropped from the legislator's view and suggesting suggestions for improving both criminal science and the criminal legislation in force in both countries. Methods of research have been chosen systemic method, comparative method, analysis and synthesis. The author carried out the investigation of comparative comparative criminal and extrapenal norms (Romania, Republic of Moldova), identified some gaps in the legal technique, and demonstrated the need to revise some legislative concepts that will ultimately contribute to the reconceptualization of the criminal law in force crimes involving elements of propaganda pp. 214-226

Aurel Octavian Pasat

CONSIDERATIONS ON COMPENSATORY PROVISION Abstract: Regulated for the first time by the Civil Code from 2009, compensatory benefit seeks to compensate for a significant imbalance that the divorce produces it in terms of the innocent husband's living conditions. The present study aims to analyze the necessary conditions to obtain a compensatory benefit according to the current legislation, to make a comparison with other institutions but also with the regulation from other legislation. The study uses the logical and comparative method, analyzes the legal provisions currently in force, as well as the point of view of the doctrine and the solutions derived from the judicial practice. The conclusions are in the direction of expressing concrete proposals to amend the current regulations. Classification-JEL: K36 pp. 227-232

Roxana Maria Roba

THE GUARANTEE OF THE RIGHT OF A PERSON AGGRIEVED BY A PUBLIC AUTHORITY IN ROMANIA - SELECTIVE ADMINISTRATIVE ASPECTS pp. 233-241

Catalin-Radu Pavel

WOULD AMENDMENTS FROM 2018 IN THE ACT ON PUBLIC-PRIVATE PARTNERSHIP AFFECT THE INCREASE OF THE SCOPE OF PERFORMANCE OF PUBLIC TASKS IN PUBLIC-PRIVATE PARTNERSHIP FORMULA IN POLAND? pp. 242-253

Wioleta Baranowska-Zajac

TORT LIABILITY. DAMAGES AND PENALITY CLAUSE pp. 254-259

Raluca Antoanetta Tomescu

LIMITS OF THE DISCRETIONARY POWER ESTABLISHED THROUGH ENFORCING THE EUROPEAN PRINCIPLE OF PROPORTIONALITY pp. 260-269

Oana Saramet and Georgeta-Bianca Spirchez

PART-TIME WORK: PARTICULARITIES OF EMPLOYEE RIGHTS pp. 270-278

Marioara Tichindelean

THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURT pp. 279-283

Teodor Narcis Godeanu

Volume 7, issue 1, 2018

PAPERS, MY FRIEND, ARE BLOWING IN THE WIND: TOWARDS A PAPERLESS ADMINISTRATION pp. 1-22

Fernanda Paula Oliveira and Carla Machado

THE ROLE OF THE ASSOCIATIVE STRUCTURES OF THE LOCAL AUTHORITIES IN THE GOVERNANCE PROCESS pp. 23-29

Valentina Cornea

SOME CONSIDERATIONS AND POSSIBLE SOLUTIONS FOR THE REMUNERATION OF PUBLIC SECTOR PERSONNEL - ACCORDING TO THE FRAMEWORK LAW ON THIS MATTER pp. 30-35

Teodor Narcis Godeanu

GENERAL ASPECTS REGARDING JURISDICTIONAL ADMINISTRATIVE CONTEST REGULATED BY LAW NO. 101/2016 ON THE CONTRACTS OF PUBLIC PROCUREMENT, SECTORAL CONTRACTS AND WORK CONCESSION CONTRACTS OR SERVICES pp. 36-42

Adriana Deac

NATIONAL CULTURAL HERITAGE: INTERDISCIPLINARY APPROACHES. REFLECTIONS ON THE INSTITUTION OF RESPONSIBILITY IN THE MATTER pp. 43-51

Cosmin Soare

THE CONSEQUENCES OF THE ADMISSION OF THE APPEAL IN THE INTEREST OF THE LAW NO. 3/2018 REGARDING THE ERROR MARGIN OF THE RADAR DEVICE pp. 52-59

Bogdan Sebastian Gavrila

ISLAMIST EXTREMISM IN KOSOVO AND THE COUNTRIES OF THE REGION pp. 60-66

Kolë Krasniqi

THE LIABILITY OF PUBLIC SERVANTS pp. 67-71

Diana-Mihaela Malinche

SPECIAL ATTRIBUTIONS AND DEONTOLOGICAL RULES OF REGISTRARS’ PROFESSIONAL ACTIVITY REGARDING MARRIAGE AND DIVORCE pp. 72-79

Stefania Cristina Mirica and Andreea Elena Matic

CONTRACTUAL, CIVIL AND CRIMINAL LIABILITY OF PUBLIC SERVANTS pp. 80-86

Nicolae Margarit

FEDERALISM IN SPAIN pp. 87-90

Ovidiu-Horia Maican

PARTICULARITIES OF COLLECTIVE BARGAINING WITHIN CIVIL SERVANTS pp. 91-94

Radu Stefan Patru

CONSEQUENCES OF LEGAL LIABILITY OF PARTIES IN CASE OF EXPRESSION OF REFUSAL OF REALIZATION OF THE MANDATORY VACCINATIONS pp. 95-100

Camelia Daciana Stoian and Claudia Boghicevici

THE MATERIAL OBJECT OF THE CRIMINAL OFFENCES PROVIDED BY THE ARTICLES 1991-1994 OF THE CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA: CRITICAL OBSERVATIONS AND PROPOSALS DE LEGE FERENDA pp. 101-110

Aurel Octavian Pasat

OMISSION TO NOTIFY THE CRIMINAL INVESTIGATION BODIES IN THE EXERCISE OF THE PUBLIC FUNCTION pp. 111-119

Anca Lelia Lorincz and Tatiana Oprea