Suchergebnisse

Transitional Justice in the Arab World and its Effects in the Light of the "Arab Spring" Launched in 2011 The events that took place in early 2011, known as the "Arab Spring", sparked several discussions in relation to regions that were considered closed to the democratic values promoted by Western states. Chain revolutions have primarily addressed a key issue, that of transitional justice, thus trying to bring truth and reconciliation to societies where for decades terror, totalitarianism, serious human rights violations, political repression have reigned, including those committed by police and security organs. Unfortunately, we must note that the lack of traditions in this regard has not allowed the realizations of tasks put before the transitional judiciary in these countries, although, we must admit, some successes have been achieved. Evenimentele ce au avut loc la începutul anului 2011, cunoscute sub termenul de "primăvara arabă" au trezit mai multe discuţii în raport cu regiuni care erau considerate închise pentru valorile democratice promovate de statele occidentale. Revoluţii în lanţ au abordat în primul rând un subiect cheie, cel al justiţiei tranziţionale, astfel încercând să aducă adevărul și reconcilierea în societăţile în care timp de decenii au domnit teroarea, totalitarismul, încălcări grave ale drepturilor omului, represiuni politice și din partea organelor de poliţie și de securitate. Cu regret, trebuie să constatăm faptul, că lipsa unor tradiţii în acest sens, nu a permis realizarea sarcinilor puse în faţa justiţiei tranziţionale în aceste ţări, deși, totuși, trebuie să recunoaștem, anumite succese au fost atinse.

Since justice is carried out through the judiciary, composed of judges, this means that the judicial power is exercised only by the court în the person of the judge, the sole bearer of that power. The judge is the one empowered to investigate a case în order to clarify it, thus proceeding to a trial and then pronouncing a judgment, thus making an act of justice. But we can speak of a power (a system of organs that have the power to do justice, including by constraint) and not just authority, unless organically the independence of the members of the judiciary is guaranteed and the exercise of the power to judge is sovereign. Therefore, not only justice per se, as a branch of government must be independent of the executive and the Parliament, but also individual judges have the right to enjoy independence în the performance of their professional duties.

In international relations, international security combines that set of international relations that ensures global stability. In other words, international security is a state in which states are not threatened by war or by any breach of their sovereignty or independent development by other states. In accordance with the UN Charter, the Security Council currently has the main task of ensuring world peace, also having the sole right to impose sanctions against aggressors. The idea of international security, its realization in practice is determined by historical, economic, political, social conditions, as well as other factors. The problem of international security arose with the formation of the state institution, being always close to the problem of war and peace. Over time, there has been a change in the ability to analyze and report security issues. Along with these, both the policies and the security strategies of contemporary societies have undergone a process of metamorphosis.

Mediation is first and foremost an alternative to the justice that solves amicably a conflict between the parties to the conflict. Mediation has its origin in antiquity. It is found in the Justinian Codification. Our ancestors have preserved the institution of mediation in feudalism, and in modern times only in rural areas. At the present stage, the mediation procedure has grown in most European countries. The advantages of out-of-court mediation are: shorter duration, flexibility of the mediation procedure, parties can identify and adopt their own solutions. Among the disadvantages we mention: the non-binding character of the decisions, the inaccurate decisions, there is no guarantee of a successful solution. Specifically, the disadvantages of mediation have served as grounds for some states, including Moldova, to regulate the mandatory mediation for some categories of cases. This is how Italy and Romania went.

As a sovereign and independent state, the Republic of Moldova has been going, for more than two decades, through a long process of asserting the country globally, certifying the status of the Republic of Moldova as a member of the international community and subject to international law. An important role in this sense is also the membership of our state in various regional and international organizations, and of increased interest are those specialized in combating all forms of organized crime. Taking into account its geographical position, but also the socio-human factor, we can not neglect the strategic role played for this purpose by the organizations from the Community of Independent States, those from the Black Sea Basin, or the Western Balkans. Thus, this article aims to review the most important regional and international organizations fighting cross-border organized crime of which our country is a member, with the presentation of the activity and role of the Republic of Moldova within them

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them.

This article justifies the role and importance of the separation of powers in modern society and in the state, consisting in the fact that this concept is the instrument of restricting the state power to protect the rights and interests of the person. As a rule, the separation of powers is opposed to the concepts of autocracy, the concentration of power in the hands of one person or one organ. The author recognizes the theory of separation of powers as being ideologically linked to the political legacy of Locke and Montesquieu and notes that the genesis of the theory of separation of powers is associated with the emergence of bourgeois political and legal theories, especially in the 17th century in England, D. Locke being the most authoritative political thinker. However, this theory received a classic formulation in the writings of the remarkable French philosopher, lawyer and illuminator Charles Louis Montesquieu. In this article, the characteristics of the original theories regarding the separation of powers of these prominent thinkers, who completed for the first time the concept of a democratically organized state with the optimal organization of the system of organs of state power, are subject to analysis

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them. ; Țarălungă, Victoria. Reforma organizației națiunilor unite – un imperativ al secolului XXI / Victoria Țarălungă // Conferinţa naţională cu participare internaţională "Ştiinţa în Nordul Republicii Moldova: realizări, probleme, perspective", ed. a 3-a, 21-22 iun. 2019. – Bălţi, 2019. – P. 465-473.

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them. ; Țarălungă, Victoria. Reforma organizației națiunilor unite – un imperativ al secolului XXI / Victoria Țarălungă // Conferinţa naţională cu participare internaţională "Ştiinţa în Nordul Republicii Moldova: realizări, probleme, perspective", ed. a 3-a, 21-22 iun. 2019. – Bălţi, 2019. – P. 465-473.

The Evolution of Ideas About Freedom of Thought. Philosophical-Legal Approach "Thought is free," said Marcus Tullius Cicero in the first century BC. The international society managed to give legal content to the famous quote only at the end of the 19th century, the beginning of the 20th century. Thanks to the titanic efforts of the notorious personalities of all time, philosophers and jurists, mankind has included freedom of thought in the list of fundamental freedoms and civil rights, which belong to every person from birth and which the state cannot deprive. Freedom of thought is an essential condition of a democratic society, of a rule of law. Moreover, this absolutely justified can be considered as the most important value of a prosperous society. Being fully exploited freedom of thought brings benefits only to the individual and to society as a whole. "Gândirea este liberă" afirma Marcus Tullius Cicero în secolul I î.e.n. Societatea internaţională a reuşit să dea conţinut juridic celebrului citat abia la sfârşitul secolului XIX, începutul secolului XX. Datorită eforturilor titanice ale personalităţilor notorii ale tuturor timpurilor, filozofi şi jurişti, omenirea a înscris libertatea de gândire în lista libertăţilor şi drepturilor civile fundamentale, care aparţin fiecărei persoane din momentul naşterii şi de care statul n-o poate priva. Libertatea de gândire este o condiţie esenţială a unei societăţi democratice, a unui stat de drept. Mai mult, aceasta absolut justificat poate fi considerată drept cea mai importantă valoare a unei societăţi prospere. Fiind valorificată plenar, libertatea de gândire aduce doar beneficii, atât individului, cât şi societăţii în ansamblu.