Facultatea de Drept / Faculty of Law

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Start date: 2003Subject: search.filters.subject.minor

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    L’ENTRETIEN DES ENFANTS MINEURS PAR LES PARENTS DIVORCÉS
    (CEP USM, 2024) Strelciuc, Viorica
    La famille joue un rôle primordial dans le développement et l’éducation des enfants, dans l’assurance du soutien mutuel entre les membres de la famille et dans le maintien de l’équilibre social. À l’intérieur de la famille, les enfants apprennent pour la première fois à percevoir la vie dans sa complexité, guidés par leurs parents. La principale mission des parents, quelles que soient les circonstances, consiste à assurer un foyer harmonieux et une vie décente à leurs descendants. Par conséquent, l’entretien des enfants mineurs par les ex-conjoints reste également la principale obligation des personnes qui ont décidé de devenir parents. Cet article constitue une recherche minutieuse sur l’obligation légale d’entretien des enfants mineurs en cas de divorce des parents, l’ordre et le mode de contribution et de participation à la vie et à l’éducation des enfants. En même temps, il représente une synthèse multidimensionnelle de l’obligation alimentaire due aux enfants mineurs par les parents divorcés qui doivent participer à parts égales au soutien matériel, financier et moral des enfants mineurs par rapport à l’entretien des enfants majeurs.
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    UNELE CONSIDERAȚIUNI PRIVIND LIBERAREA DE RĂSPUNDERE PENALĂ A MINORILOR
    (CEP USM, 2024) Russu, Valentina
    Preventing and combating juvenile crime continues to remain a priority within the criminal policies of states, a fact determined by the specific features of juvenile delinquency. The international standards in the field of juvenile justice direct the states towards a policy focused on preventive measures, and the bringing of the minor to criminal responsibility and the application of punishments should be done only when the purpose of the criminal law cannot be achieved by using coercive measures of an educational nature. In this scientific approach, the author argues the importance of the institution of the release of minors from criminal liability, identifies the particularities and specific conditions of application.
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    COPIII – VICTIME ALE FEMICIDULUI
    (CEP USM, 2022) Botnarenco, Mihaela; Gurev, Dorina
    This article presents statistical data on violence against women perpetrated within the family environment and cases of death resulting from domestic violence. It also examines the national legal framework regarding the protection of children orphaned because of femicide. Opinions of experts on the consequences of children witnessing/experiencing femicide are discussed. Furthermore, examples of good practices from other countries regarding the regulation of femicide and the protection of children orphaned by femicide are provided. In conclusion, it is appreciated that eradicating violence against women does not necessarily require the criminalization of femicide as a separate legal concept, as the acts in question fall under the scope of the Penal Code in the context of homicide in general. Finally, recommendations are made to improve the legal framework in this matter.
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    CRIMINALITATEA MINORILOR ȘI VIOLENȚA ÎN FAMILIE – RELAȚII DE CAUZALITATE ȘI RECOMANDĂRI AMELIORATIVE
    (CEP USM, 2022) Samoilenco, Victor
    The assumption from which we started this investigative approach is the fact that domestic violence implies a direct causality on juvenile delinquency. Something that at first is a barely perceptible deviant behavior, can turn into criminal behavior if certain measures are not taken in time. This fact happens because as a result of domestic abuse, the role of the family as an educational agent is diminished and in serious cases even abolished, the family becoming a harmful factor and essential cause of the distortion of the minor's personality. We propose in this approach to reveal the most important aspects of this causality and also to identify some ameliorative measures, possibly to be applied in the case of the Republic of Moldova.
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    НЕСОВЕРШЕННОЛЕТНИЙ В СЕМЕЙНОМ НАСИЛИИ
    (CEP USM, 2022) Гырла, Лилия
    The peculiarity of the subject of legal regulation of juvenile law is the presence of a minor subject, which is a mandatory participant in all juvenile legal relations, on the one hand, and a subject of legal relations involved in the upbringing, prevention of possible criminal behavior and social security of the child, on the other, which determines the peculiarity of this legel relationship. According to modern data, adolescent victimization is understood as a kind of ability to become a victim of negative phenomena. There are certain qualities in personality of teenager that make him, under certain circumstances, a victim, and more quickly and easily than another who does not have these personality qualities. Undoubtedly, the nature and quality of communication between children and their parents in the family affects the process of schooling, relationships in the classroom, and interaction with teachers. A significant role in the origin of delinquent behavior is played by the microsocial situation, namely: asocial and antisocial environment (alcoholism of parents; asocial and antisocial family / company); neglect; large and incomplete family; intra-family conflicts; chronic conflicts with significant others.
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    CONDIȚII PRIVIND VÂRSTA SALARIATULUI
    (2014) Macovei, Tatiana;
    Salariatul este persoana care muncește în favoarea unei alte persoane în baza unui contract de muncă, iar angajatorul are dreptul să verifice modul de îndeplinire a atribuțiilor de muncă de către salariat. Vârsta minimă de angajare în câmpul muncii este de 15 ani. Minorii cu vârsta cuprinsă între 15 și 16 ani au nevoie de acordul părinților pentru a putea munci. Pentru anumite funcții, legea stabilește alte vârste minime de angajare: 18 ani, 21 de ani etc.
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    MPACTUL REGIMULUI SANCȚIONATOR FAVORIZANT ASUPRA PROCESULUI CRIMINOGEN
    (CEP USM, 2020) Şavga, Alina
    During the last years of the XX century the process of global humani- zation of the society has been extended over the whole domains of activity and exis- tence, being changed the essential social relationships and legal institutions. In such a manner, the Penal Policy of the Republic of Moldova which was directed to attenua- ting criminal penalties, decriminalization of some criminal acts, affording priority to non-custodial types of punishment, establishment of the differentiated sanctionatory regime for some categories of subjects of criminal liability taking into account the criteroins of age and sex.
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    MOTIVAREA APLICĂRII PEDEPSEI PENALE -PRIORITATE SAU RUTINĂ PENTRU JUSTIȚIA PENALĂ NAȚIONALĂ?
    (CEP USM, 2020) Bolocan-Holban, Augustina; Vidaicu, Mihaela
    The Moldovan criminal legislation tends towards a modern criminal justice system. Therefore, it is important to ensure a good reasoning of applying a certain category of criminal punishment (deprivation or non-deprivation of liberty punishment). This goal can be achieved by analyzing the criminal law provisions and ensuring the legal and judiciary proportionality between the concrete offence and the criminal punishment set forth. Unfortunately, the national judicial practice does not contribute to uniformity in the courts’ application of the criminal law, because of poor reasoning which leads to a lack of trust in justice act.
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    RECONFIGURAREA ATITUDINAL - COMPORTAMENTALĂ A MINORULUI INFRACTOR
    (CEP USM, 2022-09-30) Vîrlan, Petru
    The purpose of this study is to intervene from a scientific point of view, with the character of a recommendation to contribute to the reconfiguration of the attitude in the behavior of a minor who deviated from social norms, even more so through his behavior he also violated the imperative norms from which the law does not tolerate such conduct. In the context of the current situation, the number of people who choose as an alternative to be professionals in a "job" that is legally illegal, due to the fact that minors are not: professionally oriented and motivated, do not have a good job paid, come from vulnerable families and respectively do not have financial resources to support themselves or their family. These causes are at the expense of a social and educational development, a fact that causes them not to attend classes systematically, sometimes even not at all. Being in the uncertainty of human values, which instigate antisocial behaviors, guided by psychosocial factors and negative behavior patterns, which lead them to obtain sources of income in easier and illegal ways, such as the sale of drugs and narcotic substances, theft, robberies including other crimes.