FALSE TESTIMONY AND THE WITNESS’S RIGHT TO SILENCE AND NO SELF-INCRIMINATION IN ROMANIAN CRIMINAL LAW SUBSEQUENT TO THE DECISION OF THE C.C.R. (CONSTITUTIONAL COURT OF ROMANIA) NO. 236/2020. CASE STUDY.
Author(s): Bogdan Mihai Dumitru / Language(s): English
/ Issue: XVI/2022
Keywords: false testimony; the witness’s right to silence and no self-incrimination; the Decision of the C.C.R. (Constitutional Court of Romania) no 236/2020;
In this study the author presents a concrete situation taken from the recent legal practice, where the Court ordered the acquittal of certain defendants sent to trial for committing the crime of false testimony. The judgment was ordered subsequently to the Decision of the C.C.R.(Constitutional Court of Romania) no. 236/2020 which reconfigured the right of the witness in the criminal trial to use the right to silence and no self-incrimination.
The lack of consent of the legal representative of the witness who filed the complaint does not lead to the inherent relative nullity of the complaint, so that the derivative relative nullity of the criminal investigation documents, the exclusion of the evidence administered during the criminal investigation phase or the illegality of the indictment cannot be questioned either.
SOME CONSIDERATIONS IN RELATION TO THE CRIME OF NON-COMPLIANCE WITH THE MEASURES REGARDING THE CUSTODY OF THE MINOR, PROVIDED BY ART. 379 CRIMINAL CODE
Author(s): Remus Ionescu / Language(s): English
/ Issue: XVI/2022
Keywords: minor; parent; criminal offence; premise situation; non-compliance with the measures regarding the custody of the minor; lack of liberty; objective typicality; subjective typicality;
The father's action to extract his minor son from an environment unsuitable for harmonious physical and mental development, from the domicile provisionally established by the court to the mother, does not meet the objective and subjective typicality of the crime of non-compliance with the measures regarding the custody of the minor, provided by Art. 379 C. pen.
Author(s): Gheorghe Miruță / Language(s): English
/ Issue: XVI/2022
Keywords: land register; structure; real estate;
The land register has been defined as an authentic and public deed containing a description of the real estate and the corresponding real estate rights, as well as mentioning, where appropriate, other legal relationships in relation to the real estate entered in the land register, either for the purpose of making them enforceable against third parties or for the purpose of informing any interested person.
BRIEF HISTORY OF THE LEGISLATIVE PROCESS OF THE LAW NO. 77/2016 REGARDING THE PAYMENT OF OF REAL ESTATE IN ORDER TO SETTLE THE OBLIGATIONS ASSUMED THROUGH CREDITS AND THE INTERPRETATION AND APPLICATION PROBLEMS OF ITS PROVISIONS
Author(s): Liviu Alexandru Narla / Language(s): English
/ Issue: XVI/2022
Keywords: real estate; credits; amicable solution;
The consequences of the financial crisis of 2008, especially the effects of the development of credit contracts related to residential immovable property, required the adoption of some measures regarding their execution, both by the European bodies and by the Romanian legislator, concretized at the national level by the adoption of Law no. 77/2016, regarding the payment of real estate in order to settle the obligations assumed through loans, amended and later supplemented by Law 55/2020. The legislative approach turned out to have a tortuous course, the legislator having the difficult task of identifying the breaking point of the contractual balance, in the paradigm of conflicting interests of the co-contracting parties, which corresponds to the fulfillment of the conditions of the contractual unpredictability. The subsequent establishment by the legislator of some absolute legal presumptions of unpredictability within the credit contracts, ended the legislative process in the special matter of paying for some real estate, and led, mainly, to the awareness by the contracting parties of the need for an amicable solution of disputes arising during the execution of credit contracts, with the aim of maintaining their social utility.
The study includes a theoretical and practical analysis of two fundamental principles of the criminal process, which are closely related and without which the purpose of the criminal process cannot be achieved.The right to a fair trial and carried out within a reasonable time is a guarantee for fairness, a fundamental right in a state of law, without which the act of justice cannot be achieved.The speed of the activities carried out in the criminal process is one of the ways in which the rights of those involved in the criminal process are protected, contributing at the same time to the realization of a more advanced act of justice and to the increase of public confidence in the act of justice. Thus, they represent real guarantees that the act of justice is carried out without delay, which could affect its credibility or effectiveness.
THE NOTION OF FOREIGNER AND THE LEGAL CONDITION OF THE FOREIGNER IN PRIVATE INTERNATIONAL LAW
Author(s): Mihaela Pop / Language(s): English
/ Issue: XVI/2022
Keywords: the institution of the foreigner; international private law; the legal condition of the foreigner;
Each country establishes the rights and obligations of foreigner, their entry, stay and exit from its territory, that is, the regime of foreigners. To the extent that the forum state does not recognize a certain right to the foreigner, there can be no discussion of the ways of exercising it and the law governing it.The legal condition of the foreigner (or the regime of the foreigner) represents the whole legal norms in the legal system of the forum regarding the rights and obligations of the foreigner (natural person or legal person) in a certain country.The legal condition of the foreigner is related to the conflict of laws, in the sense that only to the extent that a certain right is recognized to the foreigner arises a conflict of laws.In our country the legal condition of the foreigner is provided by Romanian law, as the law of the place where the foreigner is living. Therefore, the legal condition of the foreigner is established by the state of residence, hence its unilateral character. However, the possibility of concluding international conventions on the legal status of the foreigner should not be excluded, which gives him a bilateral character.
RESTRICTIONS OF THE RIGHT TO FREEDOM OF EXPRESSION TO ENSURE NATIONAL SECURITY
Author(s): Mădălina PREDA (Davidoiu) / Language(s): English
/ Issue: XVI/2022
Keywords: national security; freedom of expression; democracy;
The freedom to exercise fundamental rights for all persons is a guarantee provided by international and national legal instruments. The freedom of expression, in both forms, the right to assert opinions but also the right to be informed, may bear certain restrictions to ensure national security. The achievement of the country s security objectives, by removing external and internal risks, is the basis of the democracy and by which the rights and freedoms of citizens are guaranteed and the sovereignty, unity and indivisibility of the state are ensured, as well as the defense of the territorial integrity and inalienability of the country.
LIST OF INDISPENSABLE CREDITORS IN INSOLVENCY PROCEEDINGS. CONSTITUENT ELEMENTS OF THE CRIME OF FRAUDULENT BANKRUPTCY
Author(s): Petre Andrei Ţâru / Language(s): English
/ Issue: XVI/2022
Keywords: fraudulent bankruptcy; participants in the insolvency procedure; liability; indispensable creditors;
The countless practical implications of fraudulent bankruptcy also have implications for the insolvency practitioner, who can become an active subject of such a crime, along with the special administrator or any other participant in the insolvency procedure. As such, the constitutive elements of this crime, and especially the evasion, determine the incidence in practice, of the appearance in the insolvency procedure, of some aspects and practical incidences of a criminal nature that also determine corresponding consequences.
ANALYSIS OF THE RELATIONSHIP BETWEEN THE DEVELOPMENT OF PERFORMANCE CRITERIA AND JOB PERFORMANCE OF EMPLOYEES WITH RESPECT TO THE MEDIATING ROLE OF EMPLOYEE PARTICIPATION
Author(s): Ali Fallahnejad,Reza Nazari,Mehdi Moradzadeh Fard / Language(s): English
/ Issue: 2/2023
Keywords: Performance Criteria; Employee Job Performance; Employee Participation; Keshavarzi Bank of Iran;
The main purpose of this study is to investigate and analyze Positive and significant impact of defining employee performance criteria with the objectives: evaluation, empowerment and career development on the job performance of Keshavarzi Bank of Iran employees with regard to the mediating role of employee participation. The present study was based on the purpose of applied research and in terms of the method was a descriptive-survey study. A questionnaire was used to collect research data. The statistical population of the present study consisted of senior and middle managers of the Keshavarzi Bank of Iran who had at least 5 years of work experience. The number of these people in the initial studies was estimated at 483 and finally, using Cochran's formula, 215 people were selected as the sample size. After collecting data through a questionnaire, data analysis was performed using structural equation modeling. The results showed that the development of performance criteria with the objectives of evaluating, empowering, and developing the career path of employees has a positive and significant effect on the job performance of employees of the Keshavarzi Bank of Iran. Supplementary results also showed that employee participation in the relationship between the three objectives of developing performance criteria and job performance of employees has an effective mediating role, so this effect in the relationship between performance criteria to develop a career path and job performance of employees with the path coefficient of 0.684 is very obvious. Accordingly, it can be said that since employee participation is the basis for the development of service organizations such as banks, by implementing measures related to employee participation and benefiting from employees' opinions in formulating performance criteria, preparations for achieving an effective performance management system. And thus accelerated the movement of the Keshavarzi Bank of Iran on the path of development.
ANALYSIS OF THE NATURE AND DETERMINANTS OF ENERGY PRICE DYNAMICS IN SUB-SAHARAN AFRICA (SSA)
Author(s): Christopher I Ifeacho,Ireen Choga / Language(s): English
/ Issue: 2/2023
Keywords: Energy price dynamics; asymmetric; determinants; Sub Saharan Africa (SSA);
Energy is one of the most important resources needed for growth, and consumption is an indicator to measure the development of a country. Sub-Saharan Africa (SSA) is among the sub-regions in the world with the lowest energy use per capita and one of the reasons for this is the energy price dynamics that have affected energy policy that can engender sustainable economic growth. The main objective of the study is to assess the nature and determinants of energy price dynamics in SSA using 21 countries with a complete dataset between 1980 and 2017 on variables such as energy consumption, exchange rate, and inflation rate, while energy price index and federal fund rate are also included as exogenous variables. EGARCH is used to derive the nature of energy dynamics, while panel-ARDL is used to investigate the determinants of energy price dynamics. The results show that energy price dynamics are asymmetric in nature, while the federal fund rate and exchange rate remain the most important factors influencing energy price dynamics in the sub-region. The finding is contrary to the symmetric energy price obtained by some previous authors who used oil price to proxy energy price. This study used aggregated values of energy prices, which include renewable and non-renewable energy. The implication of the findings is that currency devaluation and rise in federal fund rate aggravate the dynamics in energy piece and this causes much more macroeconomic instabilities in SSA. It is recommended that SSA countries should be cautious to embrace currency devaluation policy, and should reduce dependency on the importation of renewable energy products.
TAXONOMY OF FINANCIAL REPORTING IN THE CONTEXT OF DIGITALIZATION OF THE ECONOMY: DOMESTIC AND INTERNATIONAL ANALYSIS SCIENTIFIC RESEARCH
Author(s): Oleg S. Vysochan,Vasyl Hyk,Nataliya Mykytyuk,Olha Vysochan / Language(s): English
/ Issue: 2/2023
Keywords: Taxonomy financial reporting; taxonomies; digital economy; information technologies; bibliometric analysis;
A clear manifestation of the technological revolution 4.0 in the context of digitalization of the economy is the use of digital, electronic, or IT-oriented versions of financial reporting. Today, the harmonization of national accounting systems and the formation of financial statements around the world is carried out through the implementation of International Financial Reporting Standards by moving to the preparation of financial statements in a single electronic format – eXtensible Business Reporting Language (XBRL). The introduction of a new financial reporting system in XBRL format requires appropriate understanding and some practical adaptation. At the same time, the study of the use of the concept of “taxonomy financial reporting” in scientific works remains insufficiently developed. The article aims to study the quantitative and qualitative structure of the documentary flow of scientific periodicals on the keywords “taxonomy financial reporting”. The method of bibliometric analysis was used to conduct the study. The source of the bibliometric analysis of the documentary flow of scientific periodicals are publications from the scientometric database Scopus in the period between 2001-2021. As a result of the selection, data were obtained on scientific articles that were exported for processing into the computer program R (bibliometrics package). According to the results of quantitative analysis, 156 publications were received, the vast majority of which were scientific articles. It was found that the main areas of research on the taxonomy of financial reporting are: taxonomies, XBRL, financial reporting, and administrative data processing. The largest clusters appear around these keywords. It has been established that scientific cooperation on this topic is becoming closer, which contributes to the formation of geographical clusters, the three largest of which are united around the United States, Italy and the United Kingdom.
CENTRAL BANK INDEPENDENCE AND ITS IMPACT ON FISCAL DEFICIT: EVIDENCE FROM INDIA
Author(s): Aijaz Ahmad Bhat,Javaid Iqbal Khan,Sajad Ahmad Bhat,Waseem Ahmad Parray / Language(s): English
/ Issue: 2/2023
Keywords: Central bank independence; Indian Economy; Fiscal deficit; Turnover rate; Cointegration;
The paper explores the relationship between Central bank independence (CBI) and fiscal deficit in India. Moreover, the study tries to assess the impact of CBI on the levels of fiscal deficit. The study incorporates other variables like Gross Domestic Product, financial development, and trade openness to analyze their impact on the fiscal deficit. The study employed Auto-regressive distributed lag model (ARDL) Bounds test developed by Pesaran, Shin, and Smith (2001) to examine the long-run relationship between CBI and fiscal deficit. The study also employs a legal index for measuring CBI developed by Jasmine et al (2019) as well as an actual measure of independence developed by Cukierman (1992) to measure CBI in India. The study confirms the long-run relationship between the CBI and fiscal deficit as well as among other variables. An increase in the levels of CBI leads to falling in the levels of fiscal deficit. The other explanatory variables used in the study also confirm the long-run relationship and impact fiscal deficit negatively except for trade openness, which positively impacts the fiscal deficit.
This study aims to share light upon the various iconographic functions that the images of the prophet Elijah undertook in the Moldavian wall painting at the end of the 15th century and in the first decades of the following one. A funeral function is registered in his depictions from nartheka at Lujeni, Rădăuți and Bălinești, paired in the latter two instances with the Anapeson. More frequently, Elijah stands alongside John the Baptist on the thresholds of the apse, alluding henceforth to the ‘Elijah redivivus’ theological thread. His relationship with Elisha, shown in the micro-cycle from Neamț and in the iconic portraits from Voroneț and Popăuți, opens eventually Elijah’s iconography towards the theme of spiritual filiation, enhancing the monastic character of the programmes involving their connection.
The Iconography of Light in Renaissance Painting and its Medieval Heritage
Author(s): Oana-Maria Nicuță / Language(s): English
/ Issue: 1/2022
Keywords: Renaissance; light; painting; iconography; Leonardo da Vinci; medieval optics;
The transformations that occurred towards the end of mature Gothic in western Europe drastically changed the use of light in the arts. With the so-called international Gothic and the Italian Proto Renaissance, light will change its very form of manifestation, replacing the three-dimensional, environmental use of light as a medium with a two-dimensional representation contained within the painting. Using examples from Fra Angelico, Masaccio, Criveli, Vivarini, Titian or Leonardo da Vinci, we will try to show not only how important light was as an iconographic motif, but also how a certain iconography of light was built within bi-dimensional space.
This paper explores a possible connection between Euclidean geometry, which lies at the basis of conical perspective, and fractal geometry, which could, in turn, generate a new system of spatial representation in art. Founded by Renaissance theorists and artists and applied exclusively to the visual arts as the only method of shaping the pictorial space for nearly five centuries, conical perspective has been increasingly questioned by modern artists. As a system of geometric relationships, conical perspective was based on the principles of Euclidean geometry. The new concepts of non-Euclidean geometry emerging in the second half of the 19th century have led to a change in the artists' perception of space, generating a quest for new ways of spatial representation. In the 1970s, Benoit Mandelbrot theorised a new type of geometry – fractal geometry – which subsequently became a second anti-Euclidean revolution that led to an unprecedented positioning of visual artists with regard to the expression of spatiality. From this point of view, fractal geometry can be seen as another system of visual representation of reality, alongside the already established ones.
Author(s): Modesta Lupașcu / Language(s): English
/ Issue: 1/2022
Keywords: Ardabil; Safavid period; tombstone;
Ardabil, now known as one of the provinces of the country, has been one of the oldest and ancient cities in various historical periods, including Islam. This province comes to the end of the majesty and power during the reign of Safavid. Tombstone is among the heritage of the past that reflects culture and civilization. The existence of a tombstone on the tombs of Islamic period has always been observed in all parts of Iran. Though this issue exists in most cultures, it has always been considered by Muslims as an indicator of burial in the culture of the Islamic era and of Iran. The purpose of this research is to identify and study tombstone in the relevant area during the Safavid period. According to the results, the status of Shia religion can be clearly seen in all the tombstones of the Safavid period of Ardabil. In fact, it can be said that the combination of art and belief has caused the tombs of stone to be of particular importance and variety, and the line drawn on them represents the beliefs and cultures, as well as the scope of the literature of this region. Most of the designs include Islamic designs, flowers and leaves, animal designs and Quranic verses. The method used in this study is based on field study.
This research prospects the fantastic imaginary of Hieronymus Bosch and Francisco Goya from the perspective of two fundamental characteristics common to the two artists: fear, with its influence on the production of phantasms, beyond historical and iconographic frameworks specific to their times, and transgression, which determines psychologically the typology of the artistic approach, the special phenomenology of the creative labor from the “forbidden imaginary” (Freud) and the “creative surprise” (Anzieu) to the aesthetic sublimation of various “clandestine delights” (Huyghe). In the case of Hieronymus Bosch, the fantastic imaginary is provoked by the fear of damnation, from the visionary interstices of which the clandestine delights of a guilty duality erupt to the surface of the image. In the case of Francisco Goya, the fantastic imaginary is determined almost obsessively by the fear of human bestiality, whose best avatar is Saturn devouring his sons, the sinister keystone of the famous Casa del Sordo. The research connects several theoretical, historical and psychoanalytic perspectives, based on notable studies on the artistic particularities of the two visionaries, following, especially, the impact over time on romanticism, expressionism or surrealism.
Review of:
Victoria Rocaciuc, Narațiune și symbol în grafica de carte moldovenească, 1945-2010 / Narrative and Symbol in Moldavian Book Graphics 1945-2010, Ministerul Educației și Cercetării, Institutul Patrimoniului Cultural – Chișinău, 2021, 280 pages
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