2. Articole

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    Anularea actelor juridice în procedura insolvabilităţii
    (CEP USM, 2024-11-07) Chirtoacă, Rodica
    After the initiation of the insolvency procedure, the authorized administrator is entitled to undertake, in the interest of creditors, a series of measures aimed at restoring the debtor’s assets by reclaiming the assets that were alienated to the detriment of creditors. These measures can be categorized into two types: measures aimed at restoring the debtor’s assets, which were diminished by fraudulent acts, and measures for managing the debtor’s portfolio of contracts. The annulment of legal acts in the insolvency procedure is of interest to the creditors of the debtor, as they find themselves unable to satisfy their claims. This work aims to provide a general analysis of situations in which the debtor’s acts may fall under the provisions of Articles 104-105 of Law no. 149/2012. Additionally, it focuses on the conditions under which legal action can be brought before the insolvency court. In this study, research methods such as comparative analysis, deductive reasoning, and inductive reasoning were employed to ensure the achievement of the objectives formulated regarding the institution under investigation. The main research tools used in this scientific endeavor included scientific publications in the field of bankruptcy, normative acts, and judicial practice.
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    Violul săvârşit asupra unui membru de familie
    (CEP USM, 2024-11-07) Stavrofor, Iconom; Caia, Dănuț Gheorghiță; (Doboş) Popa, Georgiana
    Since ancient times, sexual relations between relatives have been considered deeply immoral acts and have been severely sanctioned by various human communities. incest, known in the old laws as “mixture of blood”, was criminalized and punished with all severity. According to Article 201 of the Criminal Code of the Republic of Moldova, incest consists of sexual relations or other sexual actions between relatives on the direct line up to the third degree inclusive, as well as between relatives on the collateral line. The child must be respected as a person who has the right to his own life, privacy and normal development. Nothing must endanger its existence or development, and even more so it must not be subject to abuse or exploitation. Statistics show that domestic violence, including rape, remains a significant problem. Many cases go unreported, and those that are reported often face a difficult process of investigation and prosecution. This reflects the urgent need for further action to support victims, educate the public and ensure that offenders are held accountable. Another key aspect is recognizing the long-term impact on victims. Domestic rape can lead to severe trauma, including post-traumatic stress disorder, depression, anxiety, and difficulty establishing and maintaining healthy relationships. Psychological support and counseling are essential for victims’ recovery, but access to these services is often limited.
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    Particularitățile controlului realizat de către procurorul ierarhic superior la urmărirea penală
    (CEP USM, 2022-03-24) Roman, Dumitru
    The control of the higher hierarchical prosecutor in the criminal investigation has the following features:1) The control of the higher hierarchical prosecutor in the prosecution is carried out ex officio, upon complaint, request or as a result of appeals lodged by the prosecution officer or, as the case may be, by the prosecutor; 2) Compliance with the legal provisions regarding the hierarchy of prosecutors provided in art. 531 par. (1) of the Code of Criminal Procedure; 3) Merging the higher hierarchical prosecutor’s duty to amend, cancel acts of subordinate prosecutors with that of giving written instructions; 4) Examination of complaints, without any limits, regarding the actions, failures to act and acts of the subordinate prosecutors.