Facultatea de Drept / Faculty of Law

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Start date: 2010Has files: Yes

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    Impactul violenței în cuplu asupra copiilor [Articol]
    (CEP USM, 2023) Bucur, Mihaela-Corina
    Domestic violence is a phenomenon of alarming proportions, present in all ethnic, social, religious and educational groups, the vulnerable categories being women and children. The dysfunctional family, affected by violence, cannot fulfill its roles for the harmonious development of children. Thus, they often have impaired physical, emotional, social development, lower intelligence level, being exposed to predelinquent behaviors, at risk of becoming aggressors or victims in adult life, and manifest psychological suffering. Special support measures are needed for the development of innovative programs for the needs of these children, for comprehensive strategies to protect the rights of vulnerable children, paying particular attention to children with disabilities, preventing and combating violence and promoting justice in the best interest of the child. As legal implications, at the time of the decision regarding the separation and custody of the child, the accusations of domestic violence must be analyzed first. There are numerous national and international regulations regarding domestic violence, human rights and children's rights, but when this violence will no longer be ignored, justified, and the victims will no longer be humiliated and blamed, we will have a real social policy, aiming for a good quality of life for children and their families.
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    Violența psihică în cazul infracțiunilor privind viața sexuală (violul) [Articol]
    (CEP USM, 2023) Buga, Larisa
    In this article, the author addresses some aspects with reference to psychological violence in the case of the crime of sexual life, namely, the crime of rape. Physical violence is analyzed in relation to psychological violence and the forms of manifestation of the crime of rape.
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    Abordarea psihologică a relației violența domestică și tulburări de personalitate [Articol]
    (CEP USM, 2023) Bîtca, Lucia
    Domestic violence can be defined as a pattern of behaviors in any relationship that is used to gain or maintain power and control over an intimate partner. The problem of violence among people diagnosed with various mental disorders is a research topic with important implications for specialists working in the field of mental health, as well as for those in the judicial field (for example, criminologists or forensic psychologists). In the last two decades, numerous studies have been published that had as their main objective the relationship between mental disorders and antisocial behavior. The paper presents the introduction, the theoretical framework, the way to treat personality disorders and influences on children's development.
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    Уголовное законодательство Азербайджанской республики и Стамбульская конвенция о предотвращении и борьбе с насилием в отношении женщин и домашним насилием [Articol]
    (CEP USM, 2023) Самедова Шахла
    More than 11 years have passed since the adoption of the Istanbul Convention, but disputes around it still do not subside. Unlike most of the member states of the Council of Europe, the Republic of Azerbaijan has not only not ratified, but even signed the Istanbul Convention. However, despite this, the current Criminal Code of the Republic of Azerbaijan of 1999 criminalizes almost all the acts specified in the Istanbul Convention. At the same time, in the article, the author comes to the conclusion that it is necessary to further improve the criminal legislation of the Republic of Azerbaijan.
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    Воинский учет женщин в Украине: гендерно-чувствительный аспект новационного законодательного закрепления [Articol]
    (CEP USM, 2023) Коломоец, Татьяна; Кремова, Дарья
    The paper substantiates the expediency of a broad approach to the understanding of violence against women and proves it by the example of modification of the normative model of military registration of women during the martial law in Ukraine. Taking into account the specificity of military registration of women as a type of military registration as a whole, its professional criterion is singled out, the normative model of fixation of which caused the expansion of powers of the Ministry of Defense of Ukraine on legal application of measures of violence against women. The normative legal acts of 2022 are analyzed, which in dynamics consolidated and subsequently eliminated the grounds for coercion of women when registering for military service and passing through the military registration procedure. Through specific examples, the important role of the public in modifying the normative model of military registration of women, in the transition from the general imperative for women who have received a specialty or profession on the list in the order of the Ministry of Defense of Ukraine, personally the procedure of registration in the military register, with the possibility of measures of coercion against her, to objectively conditioned division of the military registration of women in two types - mandatory (when receiving medical or pharmaceutical specialties) and voluntary (to the procedure of military registration) is substantiated.
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    Prevenirea violenţei în familie – ca formă de prevenire a practicării activităţii mercenarilor [Articol]
    (CEP USM, 2023) Soroceanu, Igor
    Family violence, like other illegal acts, is a crime, for which the legislator has provided for both contravention liability and criminal liability, depending on its degree of social danger. The prevention of these illegalities is a noble activity that needs to be carried out continuously and at the same time, it is meant to serve to prevent other crimes. Thus, in the order that follows, we propose to analyze how effective is the prevention of family violence, so that in the end it constitutes a form of crime prevention regarding the activity of mercenaries.
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    Câteva aspecte privind măsurile adoptate la nivel european pentru combaterea violenței pe internet [Articol]
    (CEP USM, 2023) Ramazan, Alper
    Everywhere in today's digitally connected world, computer programs collect an impressive amount of personal data in all the circumstances in which natural persons enter into legal relations, with the trade of data becoming of major importance in international commerce. Minors are unfortunately the most exposed to providing personal data, not being aware of the consequences that will occur over time.
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    Considerații juridice privind violența în familie [Articol]
    (CEP USM, 2023) Miron, Adriana
    The legislator has made substantial changes in terms of fundamental notions regulated by Law no. 217/2003, on preventing and combating domestic violence. The article is dedicated to social approaches to preventing and combating domestic violence. The successive amendments did not take into account a correlation of the institutions regulated by the law on domestic violence or with the provisions provided by the criminal law criminalizing domestic violence. Preventing and combating domestic violence is part of the national family protection and support policy and is an important public health issue. In order for the law to be a useful and effective tool in preventing and combating the phenomenon of domestic violence, a terminological and regulatory correlation is required.
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    Evoluția și dezvoltarea sistemului de probațiune în Republica Moldova. Aspecte execuțional-penale [Articol]
    (CEP USM, 2023) Mahu, Iurie
    The National Probation Inspectorate fulfills its attributions on the entire territory of the Republic of Moldova through its territorial subdivisions, whose activity organizes, coordinates and controls it in accordance with Law no. 8-XVI of February 14, 2008 on probation and Regulation no. 827/2010 on the organization and functioning of probation bodies. The mission of the probation system is to participate in the administration of justice by providing support to the judiciary in individualizing sentences, supervising the execution of non-custodial sentences, social reintegration of persons who have violated the law, in order to reduce recidivism and increase the level of social security.
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    Norme de drept procesual penal specifice combaterii infracțiunilor săvârșite în cadrul familiei. Drept comparat [Articol]
    (CEP USM, 2023) Gheorghe, Teodor-Viorel
    The study presents aspects of substantive and procedural law specific to crimes committed within the family, with the highlighting of regulatory deficiencies that can complicate the evidentiary activity and criminal prosecution of the perpetrator. The alignment of the national legislation with the requirements of the Istanbul Convention (2011) is analyzed, as well as the way of representation in the process of the minor and the person lacking discernment. At the same time, arguments are made for removing the privilege of witnesses to not give statements against the perpetrator who is a family member with them, as well as for removing the legally conditioned probative value of the statements of protected witnesses, when they are family members of the accused person.