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I.S.O. 26000 responsabilitatea socială în instituţiile publice– trecerea de la bunele intenţii la bunele acţiuni The ISO 26000 scope clearly states „This International Standard is not a management system standard. It is not intended or appropriate for certification purposes or regulatory or contractual use. Any offer to certify, or claims to be certified, to ISO 26000 would be a misrepresentation of the intent and purpose and a misuse of this International Standard. As this International Standard does not contain requirements, any such certification would not be a demonstration of conformity with this International Standard.” This statement includes that ISO 26000 cannot be used as basis for audits, conformity tests and certificates, or for any other kind of compliance statements. However, the practical value of ISO 26000 might be limited if it merely provided a common understanding of social responsibility instead of also facilitating management routines and practices leading to social responsibility. Despite the non-certifiability some scholars see distinct elements of a management system standard also in ISO 26000. As a guidance document the ISO 26000 is an offer, voluntary in use, and encourages organizations to discuss their social responsibility issues and possible actions with relevant stakeholders.
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Salariul: abordări conceptuale, tipuri de salarii, modalităţi de salarizare In this article is examined conceptual approaches regarding the definition of wages, components, forms and contemporary methods of wage, like as wage development in the Republic of Moldova.
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Consideraţii generale privind timpul de muncă Whereas work done involves spending the vital force of man, that is objectively, as a day of work, within certain limits, being only a part of a day of life. To have an activity respect for specific work programme represents one of the specific features of the legal report sourced by the individual labour contract.
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Reglementarea securităţii şi sănătăţii în muncă atât în dreptul intern cât şi internaţional Occupational safety and health at work, labour law, is a set of uniform binding rules that have as their object the regulation of social relations that form it with regard to the Organization; conduct and control the processes work in order to ensure optimal conditions at science level and modern technology; safeguard the life, for one limb and for all participants in this prevention process of industrial accidents and occupational illness.
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Funcţia de mediere a şefului de stat La médiation comme institution juridique, descend du droit international. On considère la médiation, dans cette branche du droit, comme un moyen paisible de résoudre les différends entre les états, dans le cadre duquel le médiateur participe directement et activement, notamment en proposant certaines solutions, aux pourparlers entre les parties du conflit, afin de réaliser un accord entre elles. Une fois appliquée cette définition au spécifique du droit constitutionnel, on va constater que le Président de laRépublique que puisse exercer sa fonction de médiation il faudra qu’il se trouve dans la présence de certains différends entre les organes du pouvoir d’Etat.
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Posibilităţi de implicare a sectoarelor privat şi asociativ în activitatea de prestare a serviciilor publice When public administration, whether for lack of resources, or for other reasons, can no longer fulfill its public services providing mission, other subjects can step in, even when located outside the public administration system. These other subjects can be either private businesses, enabled to provide public services as a result of both privatization and concession (delegated management) of some services. This delegated management of public services is perceived by both domestic and foreign researchers as a more beneficial option for the final user, given public administration does not totally lose control over the service provided. There are also other subjects which can be involved in the providing activities, namely nongovernmental organizations, also located outside the public administration system. Although in our country they cannot directly provide public services, these organizations can mobilize the citizens and organize activities for the benefit of the communities (support programs for the seniors, social work, sanitation, etc.) Moreover, these organizations can also monitor how public administration is fulfilling its public services-providing mission.
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Serviciile sociale: problema delimitării competenţelor în cadrul descentralizării The main topic treated in the article by the author is decentralization perspective, delineation of responsibilities and law gaps in the realm of social assistance within the implementation of Moldovan National Decentralization Strategy in line with local authorities’ right in order to regulate and manage a substantial share of social affairs at local level.
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Conexiunea dintre relaţiile politice şi administrative în procesul decizional din Republica Moldova: provocări şi recomandări The essence of reforms implemented in public administration and public services are directly and closely linked to the character and main features of political and administrative relations, its differences and interconnections between political and administrative ones, also between the qualities of being administrative servants or political ones. Political system, in this field of research, becomes a main actor in developing public administration reality. For instance, the reforms that were realized in the public administration during the independence, from 90’s to present were not addressed, unfortunately, to the subjects related to political and administrative relations, what are very important for this area of knowledge and experience. Or, the mission and the role of political and administrative relationships within the decision making process seems to address new ideas, issues and solutions that contribute to the consolidation of power relations, both at national and local levels. Political culture, the relations between Government as executive branch, Parliament as the legislative one, and local public administration are in permanent change, that needs resources, strategies and goal oriented tactics. The transparence of coexistence between political relations and administrative ones will be defined by normative frameworks that will ensure achieving this goal. A large number of citizens have to be involved in the processes that use democracy as a way of life.
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Исторические особенности фомирования института ответственности представительных органов местного самоуправления на этнических украинских территориях The research of the historic development of the institution of liability of the representative bodies of local government on the ethnic Ukrainian territories from ancient times to the resumption of Ukraine’s independence in 1991 is conducted. Particular attention is paid to the historical events that influenced the formation and development of representative bodies of local government. For the first time, taking into account the historic stages of the development of local government on Ukrainian territories, the process of the formation of the institution of liability of representative bodies of local government on Ukrainian territories is divided into periods.
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Alianţele – mijloace de realizare a intereselor statelor Formation of an alliance is possible only when two or more states have common interests, they seek to promote their relations with third powers either by peaceful means or military ones, when required. Geopolitical alliances does not mean friends. Alliances cannot be disinterested. If we extend friendship to the point where a man gives his life for his friends, in states this does not happen. Running a state includes the obligation to protect the interests of its own people.
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Feminismul socialist românesc: origini şi manifestări In Romania, feminism enshrined the multiple debt policy for women, universal ‘comrade’ became amid the burial of individual rights, individualism and self-interest. History has so evolved that the ‘ladies’ demanded rights which were not fully given and the ‘comrades’ entered the multiple duties era. The Romanian feminism encouraged a kind of egalitarianism, encouraged women’s participation in the decision-making bodies through the quota systems, but it did all these by counter-selection. The arriving of communism gave prevalence to female workers and peasant women. Educated women, intellectuals, could not have prominence. The female choice criterion was their loyalty to the party, and not their professional qualities; this procedure was applied to men, too. At the same time with taking care of education and children, it imposed an ideological and cultural monopoly. The lack of economic performance produced a society of scarcity, where survival, by impoverished means, was left especially in the women’s care. Later state control reached an absurd level, such as the pro-natal policy, when women lost the freedom to decide on sexuality and reproduction. Thus, since 1966, in Communist Romania, abortion was banned, leading to the death or imprisonment of many women who had illegal abortions, as well as to a large number of abandoned children and orphans. The ideological project of the ‘new man’, without gender features, meant a homogeneous education, denying diversity, attacking male and female values and allocating the party-state discretionary patriarchal power in both spheres.
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Infracţiunea de bancrută frauduloasă săvârşită în forma prevăzută de art. 241, alin. (1), lit. c) din Codul penal român The present Romanian economic situation, as well as the effort of finding solution to the multitude of situations occurring in the activities of the companies regulated according to Law no. 31/1990 have led, in the recent years, to a major change in the legislation of the main legal fields. As such, an important number of economic criminal dispositions previously regulated in the special laws suffered changes and were transferred in the regulations contained by a new Criminal Code, in force since February 15, 2014. The current paper aims to present the offence of fraudulent bankruptcy committed through the alienation of the insolvent debtor’s goods in the detriment of its creditors. The way the paper is divided takes into concern the two actions that can be brought in front of justice according to criminal procedural law: the criminal action into court and the possibility of joining a civil action into court in the same criminal trial, from a historical perspective to the legislation to date.
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Rolul Preşedintelui Republicii Moldova în procesul controlului constituţionalităţii legilor anterior promulgării The role of the President of Republic of Moldova in the process of checking the constitutionality of laws before their promulgation is reviewed and determined in this article. The investigation aims to identify current issues that arise at implementing the presidential right to appeal to the Constitutional Court on the constitutionality of laws submitted for promulgation. There are also presented some proposals to improve national legislation for a better realization of this right. Both legislation and other states’ practices on the implementation of respective right have been analyzed in order to identify solutions.
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Государственный контроль на региональном уровне в условиях реформирования местного самоуправления и территориальных органов исполнительной власти Украины The article deals with the formation of effective state control at the regional level in the context of increasing globalization and regionalization in the implementation of public policy. The problem of state control in terms of reforming the territorial executive authorities and local self-empowerment is considered a separate line of development functions of local state administrations concerning the control at the regional level, including the activities of local authorities in respect of compliance with their decisions and norms of the Constitution and Ukrainian legislation.
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Impactul activităţii organizaţiilor internaţionale regionale în cadrul promovării şi asigurării stabilităţii colective The article describes the issue of the impact of regional international organizations in promoting and ensuring collective stability. The author proceeds to a thorough characterization of international organizations, what they represent, and which were the effects of their proliferation. The researcher analyzed the main international organizations with regional vocation whose activity is directed towards the assertion of collective security and stability – the League of Arab States, the Organization of Islamic Cooperation, the Organization of American States, the African Union, the Commonwealth of Independent States. Although the consolidated efforts of the regional organizations have certain positive aspects, their activity is far from flawless and the existing political crisis and the behavior of large states mark their future course to obscure finalities.
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Securitatea Uniunii Europene în contextul extinderii The increase of interdependence between the states has created the situation, when the ensuring of its own security becomes impossible without ensuring others’ security. The emergence of global issues leads to the inevitable conclusion that these cannot be solved solely through the efforts of a single State, but only through joint efforts.
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Diplomaţia economică ca instrument de realizare a intereselor naţionale Economic diplomacy is traditionally defined as the decision-making, policy-making and advocating of the Sending state’s business interests. Economic diplomacy requires application of technical expertise that analyze the effects of a country’s (Receiving State) economic situation on its political climate and on the sending State’s economic interests. The Sending State and Receiving State, foreign business leaders, as well as government decision-makers, work together on some of the most cutting-edge issues in foreign policy, such as technology, the environment, and HIV/AIDS, as well as in the more traditional areas of trade and finance. Versatility, flexibility, sound judgment and strong business skills are all needed in the execution of Economic Diplomacy. International and Domestic economic issues. This includes the “rules for economic relations between states” that have been pursued since World War II. Owing to the increased globalization and the resultant interdependence among states during the 1990s obliges “economic diplomacy to go deep into domestic decision making” as well. This covers “policies relating to production, movement or exchange of goods, services, instruments (including official development assistance), money information and their regulation” (Bayne and Woolcock).
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Informatizarea sferei Cercetare-Dezvoltare-Inovare din Republica Moldova în perioada 2009-2013 Application of ICT for RDI activities creates an efficient and transparent environment for research and innovation. Monitoring the computerization in this area enables the identification of strengths and weaknesses, opportunities and threats, which as a whole, may contribute to qualitative reforms in this area.
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Историческое влияние градостроительства на формирование государственной политики в сфере благоустройства населенных пунктов The research object of this article is to examine the historical impact of urban planning issues in public policy in the area of beautification of human settlements. The article describes historical examples of requirements for the construction of cities and their territories, and other public facilities in the settlements. It is determined that the formation of public policy in the field of urban development, where great importance is assigned to the area of improvement of human settlements. Also, the range of socio-economic, health and hygiene, engineering and architectural issues covering urrent improvement of settlements and the principles of policy development in the area of beautification of settlements have been determined. The paper takes into consideration the application of the Landscape Convention, which is recommended in the formation of public policy in the area of improvement of settlements, and which subsequently has become a global gain value.
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Formarea echipei performante în managementul de proiect Team building is a philosophy of job design in which employees are viewed as members of interdependent teams rather than individual workers. Team building refers to a wide range of activities undertaken by businesses, schools, sports teams, and religious or nonprofit organizations designed for improving team performance. According to Dyer in 2007, team building was originally a group process intervention aimed at improving interpersonal relations and social interactions and has developed to include achieving results, meeting goals, and accomplishing tasks.
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Impactul şomajului asupra securităţii economiei naţionale a Republicii Moldova Based on previous experience of the impact of unemployment on the national economic securities in the Republic of Moldova, this article proposes some directions for improving the situation in our country.
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Unele reflecţii juridice privind regimul legal al muncii de noapte în instrumentele internaţionale, în actele normative ale Uniunii Europene şi în reglementarea Codului Muncii al Republicii Moldova Night work has been a matter of serious concern for the international bodies, both at European Union and international levels. As evidence of such disquiet is the Convention of the International Labour Organization concerning Night Work no.171/1990 and the Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organization of working time. In this article, the authors highlight the concepts of “night work” and “night worker” through the national legislation and international instruments, and also analyse the compatibility of the national legislation pertaining to night work with the standards of the International Labour Organization and the directives of the European Union.
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Reflecţii asupra esenţei procedurii contravenţionale We are used to the fact that progress in law science reflects itself into the emergence of new institutions of law. Not less of an importance represents the deepening into the essence of law of the already existing institutions. The logical path traveled by the contravention law through its separation of the administrative law, is to be continued and „adjusted” so that clarity is obtained, concerning the matters of essence, substance and shape of this branch of law. In this sense outlining a clear idea about the existence of a distinct branch 0f law such as procedural law contravention would allow us to talk about the identity of distinct procedural relationships, and as follows it will enable the development of the legislative framework in this segment, thus ensuring clarity in the application of procedural legal norms for contravention.
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Realizarea esenţei, conţinutului şi funcţiilor creditului de către Banca Centrală The authors are conducting research into the problem of the essence and the functions of the loan. Special effort is paid to the identification of the constitutive elements of a loan. The author is arguing that the loan has a major impact not only on the economy, but on the people, taking into consideration the fact that it is hard to find someone who does not have o reimburse a loan to a bank. That is why it is important to underline the functions of the loan and to conduct research in order to find out how the Central Bank and the commercial banks ensure the realization of those functions.
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Răspunderea juridică a magistraţilor din Republica Moldova şi România The legal regulation regarding the legal liability of magistrates currently represents an innate desideratum of any democratic state. The legal liability of magistrates comes in different forms, as seen in laws both specifying their statute and also qualifying corresponding liability actions and ways of assessing them. This article rediscovers various aspects of regal regulation provided by the legislation of the Republic of Moldova on the legal liability of magistrates and also presents the author’s position on this issue.
Revista „Administrarea Publică” - 2006
Revista „Administrarea Publică” - 2020