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    Răspunderea agresorului familial pentru actele de violență contravenționale
    (CEP USM, 2024) Gherasimenco, Violeta
    Domestic violence is a universal phenomenon that does not choose society, individuals. At the opposite pole of harmonious relations between members of a family, where human rights and freedoms should exist, is domestic violence. Domestic violence against women differs from other forms of violence because both the perpetrator and the victim are members of the same family. The aggressor consolidates his power by dominating and discriminating against the victim. The problem is that the aggressor is a family member, which shows an obvious asymmetry between the proportions of acts of violence committed against women (in most cases). Therefore, the family aggressor should be held criminally liable for acts of domestic violence from a younger age, and the penalty should be much more severe than in the case of a simple misdemeanor.
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    Particularităţi privind reglementarea contravenţiei de violenţă în familie în legislaţia altor state
    (CEP USM, 2024-09-20) Gherasimenco, Violeta
    Domestic violence is among the most serious human rights violations facing contemporary society worldwide, in whatever form it takes. Also, domestic violence is a violation of certain norms of conduct protected by various legal instruments. This phenomenon present in everyday reality, both as a misdemeanor and as a crime. The crystallization and affirmation of the offense of domestic violence in the legal framework is the result of a long process. A process in which the solutions differ from one state to another.
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    CONTRAVENȚIA DE VIOLENȚĂ ÎN FAMILIE
    (CEP USM, 2024) Roșca, Ecaterina
    Domestic violence is an illicit action, aggressive behavior of one or more family members. Nowadays, although we live in a democratic state, where the rights and obligations of each person are respected, this phenomen is widespread, so I think it is necessary to find it in the contravention code, not only in the criminal code. In my article, I will approach violence from the point of view of contravention.
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    VIOLENȚA ÎN FAMILIE COMISĂ ÎN CYBERSPAȚIU
    (CEP USM, 2024) Reniță, Gheorghe
    This article starts from the premise that most crimes can be committed not only offline but also online. Thus, domestic violence can also be committed in cyberspace. Moreover, the concept of “cyberviolence” was outlined. This concept is found in several documents adopted under the auspices of the United Nations, the Council of Europe, and the European Union. More recently, the European Court of Human Rights has expressly emphasized that cyberviolence constitutes a form of domestic violence. It is about the cases of Buturugă v. România and Volodina v. Russia (no. 2). This article analyses the reasoning of the European Court of Human Rights. It is shown that cyberviolence against a family member generates a serious interference in the private life of the person, i.e., in the right guaranteed by art. 8 of the European Convention on Human Rights and, respectively, of art. 28 of the Constitution of the Republic of Moldova. And the national authorities have a positive obligation to conduct an effective investigation. Such an investigation must lead to the identification of the perpetrator, his punishment and compensation to the victim.
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    MĂSURILE DE PROTECȚIE ÎN PRIVINȚA VICTIMELOR VIOLENȚEI ÎN FAMILIE PRIN PRISMA DREPTURILOR OMULUI - GARANȚII ȘI RISCURI
    (CEP USM, 2024) Vasiliu, Liuba
    Domestic 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.
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    ПРАВОВОЕ РЕГУЛИРОВАНИЕ ОТВЕТСТВЕННОСТИ ЗА ДОМАШНЕЕ НАСИЛИЕ: ОПЫТ УКРАИНЫ
    (CEP USM, 2024) Евтушенко, Дарья
    The author analyzes the legal regulation of liability for domestic violence in Ukraine, highlighting the basic legal acts that enshrine the concept, signs, and characteristics of such an unlawful act. The author identifies the competent authorities under Ukrainian law whose competence includes prevention, counteraction, and suppression of domestic violence. The concept of an abuser and a child abuser is defined, taking into account the peculiarities of the subject of domestic violence. The distinction between administrative and criminal liability is made, indicating the specifics of each type of liability for domestic violence. The role and importance of preventive activities of law enforcement agencies to prevent domestic violence are determined.
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    PREVENIREA ȘI COMBATEREA FEMICIDULUI ÎN REPUBLICA MOLDOVA
    (CEP USM, 2023) Cheianu-Andrei, Diana
    Femicidul (omorul femeilor/fetelor de către bărbați) este o forma extremă de manifestare a violenței față de femei și fete și este influențată de ură, dispreț, plăcere, orgoliu. Aceasta poate avea loc atât în sfera privată, cât și cea publică, agresorii fiind frecvent parteneri intimi, membri ai familiei sau persoane care cunosc victima. Prezentul articol prezintă analiza cazurilor de femicid care s-au produs, în anul 2022, în Republica Moldova și acțiunile întreprinse de autorități în prevenirea și combaterea acestui fenomen. Autoarea a analizat cazurile soldate cu deces care au ajuns în atenția Comisiei de monitorizare și analiză a cazurilor de violență în familie soldate cu deces sau cu vătămare gravă a integrității corporale a victimelor, particularitățile cazurilor de femicid, profilul victimelor și agresorilor, măsurile de prevenire și pedepsele aplicate de diferite instituții, evidențiind unele probleme sistemice și practici defectuoase care trebuie remediate.
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    SUBTILITĂŢI ALE INFRACŢIUNII DE VIOLARE DE DOMICILIU CU APLICAREA VIOLENŢEI SAU CU AMENINŢAREA APLICĂRII EI
    (CEP USM, 2021) Popa, Gheorghe
    The act of committing acts of violence or threatening the use of the aforementioned activities in a household is a social security issue. Thus I consider it necessary that the le- gislator to tends a high degree of care in this prospect as it can create impartial judicial practices. The development of the private life of a person is through the different aspects in- cluding at the place of residence. Proper communication in the family, spiritual growth and a fulfilling daily life is a contributing factor to the moral maturation of a individual so that he can function as an independent citizen. The need to establish criminal liability for home vi- olence is dictated at the same time by the social importance of the inviolability of the home, making it a constitutional right. This assignment is a study to identify and a quantification of the impact domestic violence or the threatening with has ( art. 179 par.(2) Criminal Code RM). The stated criminal offense may create a unpredictable individual, which can make irrational decisions that can affect the one who is the instigator of the situation, and the sufferer, out of which both can create circumstances where unpredictable harm is dealt.
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    VIOLENȚA ÎN FAMILIE – STAREA, STRUCTURA ȘI DINAMICA FENOMENULUI
    (CEP USM, 2022) Ciobanu, Igor; Cotruţă, Artur
    Domestic violence is one of the most common forms of violence, but also one of violence, but also one of the most worring, because it is hardly visible. In most cases the acts of violence take place behind closed doors and the hidden by victim, due to the feeling of fear of the aggressor, and the shame to the society.
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    FEMICIDUL PRIVIT PRIN PRISMA LEGII PENALE A REPUBLICII MOLDOVA
    (CEP USM, 2022) Brînza, Serghei; Stati, Vitalie
    The purpose of this article is to establish both the content of the notion of femicide and the opportunity to criminalize the act of femicide in the legislation of the Republic of Moldova. It is concluded that the commission of femicide is conditioned by the gender of the victim. Which means that the perpetrator deprives the victim of her life precisely because she is a woman or a girl. In the Republic of Moldova there are no conditions for the distinct criminalization of femicide. Based on the provision from letter l) paragraph (2) art. 145 of the Criminal Code of the Republic of Moldova states the concept that: 1) women and men are equal before the law; 2) the type and size of the penalty for murder does not depend on the sex/gender/gender identity of the victim. Currently, in the Republic of Moldova, we do not see “very important” reasons for gender inequality, embodied in the distinct criminalization of femicide, to be considered compatible with the Convention for the Protection of Human Rights and Fundamental Freedoms.