Facultatea de Drept / Faculty of Law

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Start date: 2020End date: 2023

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    Considerații generale privind prevenirea și combaterea violenței domestice. Reglementări internaționale și interne [Articol]
    (CEP USM, 2023) Brașoveanu, Florica
    Domestic violence has become a widespread problem in modern societies. Preventing domestic violence involves proactive and educational measures. Education begins in the family, by encouraging constructive approaches to conflict and showing mutual respect, and by promoting a constructive approach when there are disputes. Other preventive measures include holding abusers accountable and promoting a non-violent mindset in the media. The most effective way to prevent and combat domestic violence is through public and governmental measures. These measures include the creation of supportive and healthy services and supporting the victim's relatives to help them overcome the moment of abuse. States must also prioritize funding for domestic violence public education, research, and programming. Professional codes of conduct must also be created and enforced to hold institutions and professionals who provide services to the victim accountable. As such, preventing and combating domestic violence requires many proactive measures and multi-level education. Solutions should include public and government action, as well as holding abusers and courts responsible for providing victim services accountable. Education of families and society at large is essential to reduce the long-term impact of domestic violence.
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    Tipologia violenței și măsuri de combatere prin norma de drept [Articol]
    (CEP USM, 2023) Bogdan, Manole Decebal; Cordoș, Ana Maria
    Violence is present in all areas of social life. We find violence at the level of individuals, but also at the level of social groups in different forms and intensities. Violence is involved in the process of socialization, but also in the formation of human consciousness. Domestic violence is actually a voluntary aggression with unexpected, even tragic consequences on the integrity of the other person. Of course, in the general sense, nothing can justify domestic violence in the family. In reality, however, for many women and their children the family home can equal danger. This phenomenon of domestic violence, ignored in the past, is becoming important in contemporary society, which is mobilizing to eradicate the phenomenon. As society modernizes, disruptive social vectors enter family life and generate conflicts that become cases of domestic violence, a phenomenon difficult to control, if the authorities do not specialize the sanctioning system derived from the law.
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    Protecția imaginii familiei prin elemente de drept de autor [Articol]
    (CEP USM, 2023) Anechitoae, Constantin
    The role of the image about each individual separately, but especially within a family, is essential and primary in communication between individuals, respectively between families, the image becoming the ultimate means of presenting any entity, so that, after the impact of the image and in accordance with the feeling caused by it, we begin the conscious and detailed analysis of that entity. In the society we live in, we easily find that the image of the family is of particular importance and that it plays an important role between people and different organizations, and its strength is given by the fact that it has the power to impose itself in the process of communication, of evolution , orienting the opinions, attitudes, convictions, beliefs, but above all the behavior and actions of individuals, towards a single goal, that of doing everything in their power to transform the family name from a name to a reputation and to campaign to transform it into - a coat of arms with recognition between the family among other families.
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    Dreptul contractelor comerciale. Note de curs
    (CEP USM, 2022) Cuznețov, Alexandru; Martin, Cristina; Tretiacov, Olga; Boaghi, Viorica; Chisari-Rurak, Aliona; Bodiul, Tatiana; Hîncu, Victoria; Tacu, Diana
    Prezentul curs universitar (note de curs) este elaborat în corespundere cu Curriculumul universitar la disciplina Dreptul contractelor comerciale, prevăzut pentru studenții din instituțiile de învățământ superior.
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    Violența în familie în legislația altor state [Articol]
    (CEP USM, 2023) Copețchi, Stanislav
    In the present study is analyzed a comparative study in the matter of the crime of domestic violence. Article 2011 of the Criminal Code of the Republic of Moldova is analyzed in relation to similar criminal regulations from the legislation of some foreign countries. The legislations of European states are analyzed, such as: Romania, Hungary, Bulgaria, France, Czech Republic, Slovenia, Slovakia, Poland, Denmark, Portugal, Greece, Germany, Latvia, Lithuania etc. Several legislative approaches are highlighted in terms of: defining the crime of domestic violence; establishing the circle of victims of the crime of domestic violence; determining the forms of domestic violence etc. The distinctions between domestic violence, regulated by art. 2011 of the Criminal Code of the Republic of Moldova, and the corresponding crimes from the legislation of some foreign countries are highlighted.
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    Analiza cercetărilor științifice efectuate în Republica Moldova privind unitatea și pluralitatea de infracțiuni în cazul spălării banilor [Articol]
    (CEP USM, 2021) Papanaga, Cristina
    În articol sunt analizate materialele ştiinţifice, publicate în Republica Moldova, bazate pe cercetarea unității și pluralității infracţiunii de spălare a banilor. În scopul elaborării și fundamentării unei metodologii de cercetare a mai multor publicaţii (în ordine cronologică), am evidențiat un șir de autori care au contribuit la studierea tematicii abordate, investigând complex şi detaliat aspectele teoretice și practice ce ţin de unitatea şi pluralitatea de infracţiuni în cazul spălării banilor, prevăzute la art.243 din Codul penal. Lucrările acestor autori explică în plan comparativ formularea legislativă a infracțiunii, precum şi rezolvă unele coliziuni apărute în practică referitor la calificarea formelor juridice ale faptelor de spălare a banilor, utilizând în acest sens analiza deductivă. Scopul studiului dat rezidă în examinarea aspectelor generale și particulare de ordin juridico-penal ale formelor unităţii şi pluralităţii infracţiunii de spălare a banilor, prin prisma materialelor ştiinţifice cercetate.
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    Georgia’s practice in ensuring respect for the best interests of the child [Articol]
    (CEP USM, 2023) Ghvinjilia, Lika
    The main purpose of the report is to provide information on Georgia’s Practice in ensuring the protection of child’s best interest according to Georgian legislation and practice,in the process of administration of justice on cases of sexual abuse and sexual exploitation with interdisciplinary, victim-centered approaches and in accordance with the requirements of international human rights standards. The report reflects all stages of responding to crimes of sexual abuse and sexual exploitation of children, including detection of crime,administration of justice and provision of rehabilitation and support measures to children and their families. The document shows State’s shortcomings and recent positive steps towards providing an environment tailored to the needs of juveniles during the administration of justice, to protect them from secondary victimization or to provide services tailored to child victims of sexual abuse. Additionally, the report enables the audience to contemplate the role, precise and mandate of the Office of the Public Defender of Georgia in matters of monitoring and evaluating States actions in the framework of primary consideration of the best interest of a child.
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    International and national standards in the field of protection of children's rights and interests: experience of Ukraine in situation of the armed conflict [Articol]
    (CEP USM, 2023) Filipishyna, Aksana
    Russia's full-scale invasion of Ukraine caused mass migration of Ukrainian children to European countries. The governments of countries provided shelter and protection for children who arrived with or without families. However, the difference in the legislation of Ukraine and European countries creates a situation of forced removal of children from their accompanying persons, which can negatively affect the best interests of these children.Because legal representation of the child's interests in the sense of Ukrainian legislation does not mean the same legal representation in the sense of the legislation of European countries.The purpose of the article is to review the main problems that arise when providing protection to Ukrainian unaccompanied children in Europe. The article contains the main conflicts of legislation and proposals for their resolution.The adoption of a single law on the regulation of the legal representation of Ukrainian children on the territory of the EU countries or the conclusion of international bilateral agreements between Ukraine and European countries can be tools for solving the issue of ensuring the best interests of children and regulating the legal representation of children.