Facultatea de Drept / Faculty of Law
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Item STATUL DE DREPT – DE LA VALORI SPRE POLITICI(CEP USM, 2024-11-07) Vasiliu, LiubaThe rule of law is the guarantee of fundamental rights and freedoms. The mechanisms and standards of the rule of law must meet and correspond not only to the social and economic needs of citizens but also to their moral commitment. In the context of an open world and interand intrastate connections, we could talk about unique standards and mechanisms that would guarantee the rule of law.The purpose of this article is the ontological and axiological substratum of the rule of law, as well as the perception of justice as a constitutive element of the rule of law.Item MĂSURILE DE PROTECȚIE ÎN PRIVINȚA VICTIMELOR VIOLENȚEI ÎN FAMILIE PRIN PRISMA DREPTURILOR OMULUI - GARANȚII ȘI RISCURI(CEP USM, 2024) Vasiliu, LiubaDomestic violence - means any intentional act or inaction, whether physical or verbal, physical, psychological, spiritual or economic abuse or the infliction of material or non-material harm, committed by a family member against other family members, including children, and against common or personal property. According to Article 3 of the Council of Europe Convention on preventing and combating violence against women and domestic violence, domestic violence means all acts of physical or psychological violence occurring within the family. Article 1, in conjunction with Article 3 CEDO, imposes a positive obligation on the State to ensure that individuals under their protection are protected against all forms of ill-treatment prohibited by Article 3 CEDO, even if such treatment has been committed by private persons.Item PEDEAPSA PENALĂ ÎNTRE SCOP ȘI RISC(CEP USM, 2024) Vasiliu, LiubaThe existence of a framework of penalties in criminal law is a decisive legal and criminal law role and purpose. It ensures, first and foremost, the principle of the legality of penalties and guarantees the applicability of criminal law mechanisms and instruments against crime. The risk of the framework of penalties arises at the time oftheir individualization, because in addition to their general objective nature, which is clearly established and regulated, there is the individual subjective nature, which unfortunately cannot be fitted into a normative template.Item INFRACȚIUNILE ÎMPOTRIVA UMANITĂȚII-ACCEPȚIUNI ȘI INTERFERENȚE JURIDICE(CEP USM, 2024) Vasiliu, LiubaThe aim of this research is to analyse the legal content of crimes against humanity and the interferences with the crime of genocide and war crimes through the prism of national and international normative acts. The genesis of the concepts is presented, their correlation is analysed, as well as the defining criteria and the imprescriptibility of the acts.Item ANALIZA ELEMENTELOR INFRACȚIUNII ÎMPOTRIVA UMANITĂȚII DESCRISE LA ART. 7 ALIN. (1), LIT. A) DIN STATUTUL CPI(2024) Vasiliu, LiubaThe aim of this scientific article is to create a reasoned concept of crimes against humanity that would correlate with the realities and needs of international and national criminal law. In order to achieve this aim, we have carried out a thorough analysis of the existing doctrinal concepts of crimes against humanity; multilateral research of normative acts of international character, examination of cases from international judicial practice, as well as the study of the latest changes in criminal law with reference to crimes against humanity. A number of conclusions and recommendations have therefore been formulated to contribute to the development of concept of crimes against humanity.Item MECANISMELE DE GARANTARE A DREPTURILOR ŞI LIBERTĂȚILOR FUNDAMENTALE ÎN CONTEXTUL UNEI SOCIETĂȚI DESCHISE(CEP USM, 2021-12-08) Vasiliu, LiubaIn this article, in the light of open society, the mechanisms for guaranteeing funda- mental rights and freedoms in the context of contemporaneity have been studied. It has also been tried to identify the fundamental principles that underlie an open society, so that man remains the supreme value, protected by and by law.Item RĂZBOIUL INFORMAȚIONAL - O ÎNCĂLCARE TACITĂ A DREPTURILOR OMULUI(CEP USM, 2023) Vasiliu, LiubaThe subject of this article comes to address the most topical and accepted war - information warfare. Formally, it does not affect the course of mankind, but in essence it violates human rights and freedomsItem SISTEMUL DE DREPT CONTEMPORAN: ÎNTRE SCOP ȘI REALIZĂRI(CEP USM, 2022-03-17) Vasiliu, LiubaIn this Article, it is decided on the contemporary law system, whether the guarantee of fundamental rights and freedoms is an achievement or remains an end in itself, so that the person remains vulnerable to criminal minds.