Facultatea de Drept / Faculty of Law

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    THE ACCES AND PARTICIPATION OF INDIVIDUALS IN MECHANISMS OF INTERNATIONAL JUSTICE
    (CEP USM, 2024) Bejan, Lavinia-Andreea
    Together with states and other entities, individuals are currently part of a system of institutions and norms operating at a global level, which, ultimately, must target and ensure their protection. In order to respect democratic principles, including at the supranational, international, global level, the supranational legal order must allow individuals to participate in the mechanisms by which their rights, freedoms, and fundamental interests may be affected, including in the mechanisms of accomplishing international justice. Currently, individuals are widely recognized as subjects of international law, and there are a variety of forms through which they have access to, or participate in, or intervene before international courts, but in manners that are insufficient in order to adequately manage their participation needs. Ensuring a wider access of individuals to international courts, on the one hand, guarantees and strengthens their rights, and, on the other hand, legitimizes the exercise of authority by these courts. In this context, the paper aims to look at the main forms in which the access and participation of individuals in the mechanisms of justice at the international level are allowed, as well as to discuss manners of expanding such access and ensuring the solid observance of the principle of procedural fairness and the procedural rights of individuals when involved in international legal proceedings.
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    LEGAL CHARACTERISTICS OF THE CONTRAVENTION ARREST IN THE REPUBLIC OF MOLDOVA
    (2019) Pantea, Oleg
    The material published contains information about the application of the contravention sanctions by the court - the arrest, as an exceptional punishment. The proposed study reveals the definition, particularities and conditions of the arrest application in terms of the principle of freedom, expressed both in national and international norms. At the same time, the cases and categories of persons are highlighted to whom the contravention arrest cannot be applied, as well as the exception of unconstitutionality for some causes. An important part of the work is the procedure and the conditions set by the legislator for the execution of the arrest sanction, as well as the national statistics on the number of the contraveners for whom the arrest was applied.
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    THE SPECIFIC OF "CONTRAVENTION FINES" IN THE LEGAL REGULATION OF THE LEGISLATION OF THE REPUBLIC OF MOLDOVA AND ROMANIA - ELEMENTS OF COMPARATIVE LAW
    (2020) Pantea, Oleg
    The published material reveals clear information about the application by the empowered body of the state of the contravention sanction - the fine, as a pecuniary punishment, approached through the legislation of the Republic of Moldova and Romania - comparative aspect. The proposed study highlights the particularities and conditions of the application of the contravention fine, considering the degree of social danger regarding the committed action, the circumstances of the commission of the action and the personal circumstances of the contravener. At the same time, were approached the exceptions of unconstitutionality in both states regarding contravention provisions. An important section of the study was dedicated to the effects concerning the failure to pay the fine.