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International Law

LAW IN MOLDOVA LAW IN MOLDOVA

Alexei Ghertescu -- I've been practicing law in Moldova already for three year. I started my professional career full of hopes, often looking to the world and to my profession through rose-colored glasses. A lot of my illusions have been dispelled since then. But what has remained is the real love and passion for what I do day by day...

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Last Entry: September 15, 2011 at 18:53:00

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Judges are also humans. And that is ?the problem??

Posted on March 14, 2007
We are all human beings. And I tell you the secret ? even judges are (could you ever believe it?...).And as all humans they sometimes can fall ill. And that?s the problem I faced. I have filed a lawsuit on behalf of my client. But the judge who was appointed to examine the case (well, actually, he appointed himself because he's the chairman of the court) fell seriously ill...


The Top Managment of the National Agency for Protection of Competition Approved: Finally, After 6 Years of Waiting!!!

Posted on February 17, 2007
I can't believe it!!! What happened to the Moldovan Parliament? They finally decided to approve the top management officials of the National Agency for Protection of Competition (you can read more on the news in Russian here and here). The Law on Protection of Competition (the main legislative act in the field of competition and anti-monopoly regulation in Moldova) was adopted in June 2000 and entered into force on December 31, 2000...


New Prosecutor General Calls Civil Society for Support

Posted on February 14, 2007
Yesterday the President presented the New Prosecutor General, Mr. Valeriu Gurbulea. There was a lot rhetoric, as always during such kind of events, but my attention was attracted by a statement made by Mr. Gurbulea himself.He said that in order to achieve the tasks set for the Public Prosecution it "should enlist a close support by civil society and profiled non-governmental organizations"...


President Voronin Criticizes Judicial System: Justly? LEGALLY?! .

Posted on February 13, 2007
Recently President Voronin took part in the annual meeting of judges. During the meeting he made some statements commenting the quality of work of Moldavian courts. Some of them are worth mentioning.The most noticeable (IMHO) statement referred to judgments of the European Court for Human Rights against Moldova...


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Problems of Specializing Legal Practices in Moldova

Posted on February 08, 2007
I recently came across the post by Aidan Ellis at The Barrister Blog called "The danger of specialisation" The name of the post says for itself. The author reveals some problems that may face too narrowly specialized practicing lawyers and describes the benefits of having a good basis of general legal knowledge:Nevertheless the core skills of the lawyer apply to any area of law...


Modifications into the Code of Civil Procedure: Part 7- Abolition of Judicial Indemnifications

Posted on January 30, 2007
Certain modifications took place in respect of judicial indemnifications.What was the notion of judicial indemnification in the Code of Civil Procedure? Art. 162 (now abrogated) stated that a person who caused material damages by violating deliberately and with culpability the provisions of the Code of Civil Procedure or other laws, or requirements determined by the court could be upon the request of an interested party obliged by the court to repair the damages caused...


Subscription Tools Available

Posted on January 19, 2007
I finally made available a subscription to my blog. I'm not technically advanced, so it have taken a lot of time for me to understand how it works and how to make subscription services available for my readers.You can do it either clicking the big orange"Subscribe" button and then choosing your feed reader or, if you want to receive my new posts to your email box, enter your email address into the bar, click subscribe and follow instruction...


Understanding the Role and Value of Lawyering

Posted on January 18, 2007
A deep resonance in American legal community got the statement made by the US Deputy Assistant Secretary of Defense for Detainee Affairs Mr. Cully Stimson against the law firms defending detainees at Guantanamo Bay.Here are some of his words: "I think, quite honestly, when corporate CEOs see that those firms are representing the very terrorists who hit their bottom line back in 2001, those CEOs are going to make those law firms choose between representing terrorists or representing reputable firms...


Do Big Law Firms Have a Future in Moldova?

Posted on January 13, 2007
I was reading with a great interest a post at WSJ's Law Blog called "Can Small Firms Handle Big, Complex Cases?" and comments to it. Really interesting; the author of the post considers the issue whether small law firms can operate effectively in comparison with big many-hundred-lawyers firms...


Zdob si Zdub and Copyright - the end of story

Posted on January 02, 2007
Do you remember my post about the lawsuit against the famous Moldavian rock-band Zdob si Zdub? If not, just click here to read the story. So, it wasn't over...And here's the end of that story. About a week ago I happened to be present at the hearings at the Supreme Court of Justice when the appeal for cassation being examined...


The Web-site of Amnesty International Moldova

Posted on December 19, 2006
Yesterday the Amnesty International Moldova presented their Web-site - http://www.amnesty.md/It is in Russian and Romanian so far. So, if you speak any of these languages don't miss to enter the site, I think you'll find a lot interesting and useful information there on protection of human rights in Moldova...


Intimidation of Attorneys in Moldova. The Statements made by the Bar Association

Posted on December 15, 2006
Though with some delay I decided to post here the statements made by the Moldavian Bar Association in connection with the facts of intimidation of the members of the Bar in Moldova:November 14, 2006 Chi?in?uDECISIONof the Council of the Moldavian Bar Association The Council of the Bar Association of Moldova after having examined at the extraordinary sitting the request to intervene made by the attorneys Eugen Tetelea and Maria Tetelea who have their office in Calarasi, 159 Alexandru cel Bun str...


The opportuneness control: sounds weird... Or not?!..

Posted on November 19, 2006
The Law on the Local Public Administration of March 18, 2003 has a concept of opportuneness control. It's a kind of administrative control carried out over the decisions of the local public authorities by the state central authorities. If you ask me to give you a precise meaning of it I won't be able to do this...


The future reform of Administrative law in Moldova

Posted on November 15, 2006
A couple of days ago on the Parliament's official site I came across the draft of the new Code of Contraventions (Codul contraventional - see the text in Romanian here) that had already been given its 1st reading by members of the Parliament. I hadn't time to read it in details...


GUILT and GOOD FAITH in Moldavian tax law

Posted on November 13, 2006
The Tax Code of Moldova has no definitions of guilt and good faith. "So what?"-you may say. OK, let me explain the reasons for my anxiety about it.The conceptof guilt (or culpa, culpability) in our system of law reflects the relationship between one's person intention and a breach of law...


Zdob si Zdub and Copyright

Posted on November 11, 2006
In yesterday's issue of the Logos Press Economic Review (????????????? ????????? ????? ?????) I found a short article about a lawsuit brought against the most famous Moldavian band Zdob si Zdub (and my favourite one) that amazed me quite a lot (original version of the article in Russian is available here)...


Indices of corruption perception

Posted on November 08, 2006
I was looking through the corruption perception index tables edited by Transparancy International for 3 consecutive years (2004 - 2006). So, what I was interested in was the variation of indices for Moldova. And the tendency looks quite good at first glance...


A competition authority: will it become a reality one day?

Posted on November 07, 2006
On last Thursday Viorel Melnic, the Deputy Minister of Economy and Trade, addressed the Parliament.One of the issues that he touched upon was the founding of the National Agency for Protection of Competition and Monopoly Regulation. The creation of such agency had been provided by the Law on Protection of Competition adopted in 2000...


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