Atunci când se instituie măsuri asigurătorii în procesul penal nu este necesar să se indice sau să se dovedească ori să se individualizeze bunurile asupra cărora se înființează măsura asiguratorie. (Înalta Curte de Casație și Justiție, Completul pentru dezlegarea unor chestiuni de drept, Decizia nr. 19/2017 – cu notă critică)

The enforcement of enforceable titles consisting of judgments regarding budgetary claims, owed on the basis of some contractual legal relationships, which become revenue to the state consolidated budget, was a distinct issue dealt with in the practice of the courts of law, as a result of different legal application and interpretation of incidental legal texts. It was the judicial practice that led to the intervention of the High Court of Cassation and Justice, called upon to issue a preliminary ruling for the settlement of a matter of law regarding the interpretation of the provisions of Article 623 of the Civil Procedure Code in relation to Article 220 (3) and (5) and Article 226 (3) of the Law No 207/2015, in the light of Article 3 (1) of the Law No 273/2006 and Article 3 point 18 of the Law No 69/2010. The solution of the High Court of Cassation and Justice confers the competence of enforcement of the above-mentioned obligations to the tax executors, as executing authorities of the State.

The momentary transformations taking place in the Republic of Moldova have as objective to adjust the national legislation to the international standards, in which the way of solving the co-relation between the interests of the person and the State’s interests is made at optimum level. Contradictoriality has a special importance on the whole part of the criminal procedure system, determining, in many directions, the weight of the legal status, the relations of opposition or collaboration between the participants in the criminal trial, as well as the legal relationships established between the participants in the trial and the court of law.

In this study we have analyzed the effects of the situation of incompatibility in which the local elected representatives, especially the mayors, can be found, as this situation has been established by the prefect or by the National Integrity Agency through the evaluation report. Thus, in the first case, finding the incompatibility entails the lawful cessation of the mayor’s mandate, if he will not renounce the incompatible function within the time limit provided by the law, and, in the latter case, the state of incompatibility has as consequence the prohibition of the person declared incompatible to fill an eligible position for a period of 3 years from the date of cessation of the current mandate or, respectively, from the date of the final assessment report of the National Integrity Agency. In other words, not even if the National Integrity Agency establishes it, the state of incompatibility is not an implacable reason for lawful cessation of the mayor’s mandate, but, on the contrary, it can avoid such a consequence by renouncing the incompatible function within the same period provided by the law in case the incompatibility is established by the prefect.

Cititorii Dreptului au luat cunoștință de proiectul de lege relativ la noua modificare a legii Curții de Casație, în scopul reînființării recursului direct în materie de contencios administrativ, în expunerea de motive a d-lui M. Cantacuzino, ministrul justiției, ce am distribuit în supliment. Publicăm aici și raportul d-lui Petre Missir, care este un document luminos asupra legii propuse, aflată în discuția Senatului.

Recognition of the adherence of leniency to the legal phenomenon or its inclusion in the extrajuridical field is determined by the nature of philosophicalmaterialist or idealist conceptions. Amnesty and pardon are based on the socio-political grounds and have as foundation the feelings of gentleness, magnanimity, compassion. Justice is the ideal state of society, achievable by ensuring, for each separately and for everyone together, the enjoyment of legitimate rights and interests. The fundamental components or values of the notion of justice are: righteousness, social utility, legal certainty. The concept of leniency is related to all the three elements. By its very name, its functions and its purpose, the law must be based on the idea of righteousness. The essence of the idea of righteousness is to treat similar cases equally and different cases in distinct ways. The exercise of leniency is closely related to the principle of justice. Social utility means to organize a community to ensure the good of everyone and of each separately. The same social utility claiming punishment sometimes justifies the abandonment of punishment or forgiveness thereof. Legal security designates that state of safety of individuals and of society as conferred by the legal normativity by complying with its prescriptions. Although it is sometimes considered that leniency means bankruptcy in criminal justice, the legal certainty will never be affected if leniency acts are consistent with a rational legal conscience and does not harm the rights of the injured parties by committing the offence. Amnesty and pardon are not directed against legal certainty, but, on the contrary, they are put to the service of the common good, which is a proof of trust and a means of protecting the citizens. The three components of the idea of justice – righteousness, social utility and legal certainty – are in a tensed state. Amnesty and pardon are called to detension and harmonize these relations. Leniency is not in antithesis with the law, but it is inevitable for its completion.