2. Articole
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Item Aspecte din jurisprudența națională privind răspunderea penală pentru vătămarea fătului(CEP USM, 2024) Balcan, SilviaThe purpose of the present investigation is to analyze problems related to the application of the in force legislation, especially for the qualification of harmful acts according to the norms of article 213 of the Criminal Code of the Republic of Moldova,in cases of aggression against the fetus. However, in separate cases in judicial practice, the courts perceive the fetus as a part of the maternal body, or in other cases, as a distinct person, considering it to be victim of crime, although it is not considered to be a person, for the purposes of national law and, respectively, it cannot have the status of a patient.Item ANALIZA JURISPRUDENȚEI CtEDO CU PRIVIRE LA ÎNCĂLCAREA DREPTULUI LA VIAȚĂ DE CĂTRE REPUBLICA MOLDOVA(Tipografia Artpoligraf, 2020) Pavlovschi, Stanislav; Cârnaț, TeodorIn the contemporary era, great steps were taken towards the development of the principles and standards in the field of the protection of human rights. Human life has thus obtained a central position within treaties, among which, the European Convention on Human Rights. The Republic of Moldova, following its membership to the Council of Europe and its ratification of the Convention, has committed to respect all the rights guaranteed by the latter, including the right to life.However, over the years, the state has failed to exercise its obligation fully, as the European Court of Human Rights has found violations which resulted in Moldova’s conviction. The article aims to analyze the cases lost by Moldova,which are relevant to the topic, as well as the position of the Supreme Court of Justice and the Constitutional Court on the matter.Item ПРИМЕНЕНИЕ СМЕРТНОЙ КАЗНИ КАК НАРУШЕНИЕ ФУНДАМЕНТАЛЬНОГО ПРАВА НА ЖИЗНЬ В США В СОВРЕМЕНЫЙ ПЕРИОД(CEP USM, 2023) Познякова, ВероникаActually, the United States remains one of the few developed countries in which is applied the death penalty. The UN Convention bodies have found systematic violations of the right to life in the criminal justice of the United States, such as: discriminatory use of lethal force by the police against women, minorities, people from socially vulnerable groups; the application of the death penalty to innocent people who were later acquitted, racial discrimination during criminal proceedings and the disproportionate application of the death penalty to Afro-Americans, severe suffering of people during the execution of the death penalty. The purpose of this article is to analyze the main violations of the right to life by the United States and the impact of the regulation of the death penalty on the right to life. The final goal of this study is to establish the impact of the use of the death penalty on the guarantee and realization of the right to life on the example of the United States. This article presents an analysis of the practice of applying the death penalty in the United States, the statements of the UN conventional bodies, statistical data, through the prism of positive and negative obligations of the state to guarantee respect for the right to life. The importance of this study is to analyze the practical realization of the right to life in a State that continues to use the death penalty in the XXI century, despite its international ban. The uniqueness of this study lies in the multilateral analyze of the impact of the death penalty on the realization of the right to life by analyzing specific examples from the judicial and criminal practice of the United States.Item DREPTUL LA PROCREARE – VARIETATE DE AFIRMARE A DREPTURILOR REPRODUCTIVE ALE OMULUI(CEP USM, 2023) Guceac, IonThe key element of this study builds on the recognition that family and children are of crucial importance for the development of our state. In turn, the state should take enhanced action in order for families to be built and to fulfil their obligations, including ensuring the right to procreate and increasing the birth rate. One of the measures designed to ensure qualitative changes in the demographic aspect is considered to be the promotion of the right to procreation in the legislation of the Republic of Moldova. Given that neither legislation nor policy documents are marked by the role of new technologies in the field of medicine, biological technologies and innovations, nor do they determine certain objectives or actions directly dedicated to the promotion of the right to procreation in legislation, we consider that the legal doctrine of the Republic of Moldova is obliged to support the legislator in the elaboration of scientifically based recommendations and regulations which will ensure the realisation of the right to procreation.Item PROVOCAREA ILEGALĂ A AVORTULUI – O AGRESIUNE ASUPRA VIEȚII INTRAUTERINE(CEP USM, 2022) Balcan, SilviaThis article analyzes the pros and cons of abortion, which is considered a derogation from the right to life and has been the subject of discussion by researchers over time. The issue of legalization of abortions, including the permissible period of their performance, conditions a multitude of controversies regarding the fact if it is or not an absolute right of women, or an aggression against the human being during intrauterine development. The aim of this study is to identify legislative solutions both for ensuring the women right to reproductive health, and also for the protection of intrauterine life.Item CONFLICTUL MATERNO-FETAL, CA O EXTREMITATE A DIMENSIUNII PROTECȚIEI COPILULUI BALCAN Silvia(CEP USM, 2022-09-30) Balcan, SilviaObviously, the child is protected by legal norms at national and international level from the birth moment, and this article aims to present the request for the protection of the child at a stage prior to the establishment of extrauterine life, starting also from the provisions of some international instruments. In the scientific work, we will assess the need for rationale towards the balance between the sexual, reproductive and intrauterine life rights and those of persons’ intrauterine life. The formulated conclusions will outline the need to review the national legislation, including the involvement of specialists from different fields, so that through research and studies focused on the good practices implemented in the experience of other states, recourse may be had to the harmonization of national legislation in the field of right protection to life of unborn children.Item RESPECTUL DATORAT FIINȚEI UMANE ȘI DREPTURILE EI INERENTE ÎN JURISPRUDENȚA CEDO(Tipografia Artpoligraf, 2021) Chirtoacă, LiliaThe European Convention on Human Rights is a tool for the protection of human rights. The text of the Convention cannot be interpreted separately from its jurisprudence, which evolves continuously and is appreciated for its value, its pontential to consolidate protection and to exclude abusive practices regarding the fundamental human rights and liberties guaranteed by the Convention.Item ANALIZA JURISPRUDENȚEI CEDO CU PRIVIRE LA ÎNCĂLCAREA DREPTULUI LA VIAȚĂ DE CĂTRE REPUBLICA MOLDOVA(Artpoligraf, 2020) Pavlovschi, Stanislav; Cîrnaţ, TeodorIn the contemporary era, great steps were taken towards the development of the principles and standards in the field of the protection of human rights. Human life has thus obtained a central position within treaties, among which, the European Convention on Human Rights. The Republic of Moldova, following its membership to the Council of Europe and its ratification of the Convention, has committed to respect all the rights guaranteed by the latter, including the right to life.However, over the years, the state has failed to exercise its obligation fully, as the European Court of Human Rights has found violations which resulted in Moldova’s conviction. The article aims to analyze the cases lost by Moldova,which are relevant to the topic, as well as the position of the Supreme Court of Justice and the Constitutional Court on the matter.