Facultatea de Drept / Faculty of Law
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Item Prevenirea violenţei în familie – ca formă de prevenire a practicării activităţii mercenarilor [Articol](CEP USM, 2023) Soroceanu, IgorFamily 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.Item Câteva aspecte privind măsurile adoptate la nivel european pentru combaterea violenței pe internet [Articol](CEP USM, 2023) Ramazan, AlperEverywhere 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.Item Considerații juridice privind violența în familie [Articol](CEP USM, 2023) Miron, AdrianaThe 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.Item Evoluția și dezvoltarea sistemului de probațiune în Republica Moldova. Aspecte execuțional-penale [Articol](CEP USM, 2023) Mahu, IurieThe 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.Item Norme de drept procesual penal specifice combaterii infracțiunilor săvârșite în cadrul familiei. Drept comparat [Articol](CEP USM, 2023) Gheorghe, Teodor-ViorelThe 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.Item Premise care vizează justificarea incriminării infracțiunii de organizare a migrației ilegale [Articol](CEP USM, 2023) Frumusachi, VictorIt is correct that the rules for qualifying a criminal deed within the limits of the criminal normative are to respect certain justifying premises: either the need to provide certain new, sufficiently widespread forms of prejudicial behavior, within the limits of criminal liability; or the need to mitigate criminal liability for certain crimes by creating special rules; or the need to tighten criminal liability for certain crimes, creating special rules. It is clearly observed that the legislator from the Republic of Moldova did not rely on such justifying premises at the stage of enforcing the article 3621 of the Criminal Code of the Republic of Moldova. This last fact results mainly from the reality of analyzing the limits of the criminal sanction for the crime of illegal crossing of the state border and the organization of illegal migration, being, tacitly, attested an equal prejudicial degree of the incriminated crimes. However, neither at the initial stage (after the adoption of the rule) nor at this stage, the delimitation between the crime of illegal crossing of the state border and the crime of organizing illegal migration is not clearly justified. If the rules provide for the same sanction limits, the matters of legally qualifying the crime are much more obvious, without making a clear and normative distinction between the general rule and the special rule.Item Considerații generale privind prevenirea și combaterea violenței domestice. Reglementări internaționale și interne [Articol](CEP USM, 2023) Brașoveanu, FloricaDomestic 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.Item Tipologia violenței și măsuri de combatere prin norma de drept [Articol](CEP USM, 2023) Bogdan, Manole Decebal; Cordoș, Ana MariaViolence 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.Item Protecția imaginii familiei prin elemente de drept de autor [Articol](CEP USM, 2023) Anechitoae, ConstantinThe 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.Item 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, DianaPrezentul 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.