Facultatea de Drept / Faculty of Law
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Item PARTICULARITĂȚILE INSTITUȚIEI RĂSPUNDERII CIVILE A MAGISTRAȚILOR ÎN REPUBLICA MOLDOVA ȘI ROMÂNIA.(CEP USM, 2024) Mihailenco, OlgaAccording to international standards, states must ensure the right to access to justice, which implies not only the possibility of filing an action in court, but also ensuring that the complaint is examined fairly by an independent court, in a procedure in which the citizen’s rights are respected. And in the event that damage has been caused to the litigant through the activity of the court, he is entitled to file a civil action against the state, which in turn, in the case of admitting the complaint and paying compensation, is entitled to file an action in recourse against the magistrate. In this article we propose to carry out a detailed analysis of the provisions of the normative framework in the field of civil liability of magistrates in the Republic of Moldova and in Romania, examining their correspondence to the general principles of law and the provisions of the international normative framework.Item PRINCIPIILE RĂSPUNDERII DISCIPLINARE A JUDECĂTORULUI PRIN PRISMA JURISPRUDENȚEI CURȚII EUROPENE PENTRU DREPTURILE OMULUI(CEP USM, 2023) Mihailenco, OlgaPossibility of incurring legal liability, be it disciplinary, criminal or civil, of the judge is not contrary to international standards, especially in case of violation of the mandatory norms, even more it is necessary in a democratic society. At the same time, according to international standards, disciplinary procedures regarding judges must be accompanied by certain guarantees to prevent interference in the independence of the judicial system. In this article, we propose to analyze in the light of the jurisprudence of the European Court of Human Rights the basic principles of disciplinary liability of judges.Item ANALIZA ISTORICO-COMPARATIVĂ A INSTITUŢIEI RĂSPUNDERII CIVILE A JUDECĂTORULUI(CEP USM, 2021) Mihailenco, OlgaAspects regarding the civil responsibility of judges have special importance and actuality for our country. In the context of the multiple convictions of the Republic of Moldova by the European Court of Human Rights, including for violations admitted by national courts to the administration of justice, the state had to pay considerable sums as compensation to individuals and legal entities whose rights have been violated. In order to solve the problem, by Law no. 205 of 26.11.2020, the legislator operated the amendment of several normative acts referring to the institution of civil liability of judges. Given the importance of the institution, especially in the context in which according to international standards the rules implemented by the legislator must not be able to influence the independence of the judge, this article aims to conduct a comprehensive investigation of the institution of civil liability, examining the provisions of national legislation related to the grounds and procedure of bringing the judge to civil liability, as well as evaluating the compliance of legal norms with international standards, using historical and comparative methods of scientific research.Item CERINȚE DE CLARITATE ȘI PREVIZIBILITATE A LEGISLAȚIEI NAȚIONALE ÎN DOMENIUL RĂSPUNDERII JURIDICE A JUDECĂTORILOR SUB PRISMA JURISPRUDENȚEI CURȚII EUROPENE A DREPTURILOR OMULUI(Tipografia Artpoligraf, 2021) Mihailenco, OlgaThe purpose of this study is to examine the aspects of the quality requirements of normative acts in the field of legal liability of judges and compliance of national legislation with the principles of clarity and predictability of the law in the light of ECHR case law. In this context, were examined the provisions of the European doctrine and the approaches set out in the jurisprudence of the European Court of Human Rights regarding the requirements of the law, the definition of the concepts of accessibility, clarity, predictability and preeminence of law, as well the guarantees to be established by the legislator in case which the legal norm brings the violation of fundamental human rights.