Facultatea de Drept / Faculty of Law
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Item Infracţiunea de proxenetism(CEP USM, 2024) Furculiţa, DanOver the years, a series of statistics that indicate the extent of the prostitution and pimping phenomena development have been compiled, as well as various social and legal tools for combating and reducing it. In the Republic of Moldova, the phenomenon of pimping has significantly increased in recent decades, representing a reflection of broader socio-economic challenges. Although pimping may seem like a straightforward crime, in practice, situations that arise create confusion, thus leading to the pronouncement of controversial and incorrect judgments. The legal framework presents several challenges to the competent authorities in accurately qualifying acts of practicing prostitution, pimping, and holding the perpetrator criminally accountable.Item Impactul justiţiei restaurative asupra recuperării prejudiciului cauzat victimei infracţiunii(CEP USM, 2024) Botnaru, OtiliaRestorative justice, a relatively new concept, has evolved into a global movement for reforming the criminal justice system. Restorative principles address the shortcomings of traditional punitive systems, where victims play passive roles. In Moldova’s legal framework, reconciliation and mediation offer restorative alternatives for criminal cases, allowing victims to seek moral, material, and physical recovery. Unlike reconciliation, mediation ensures victims’ satisfaction through tangible reparations, emphasizing victim-centered resolutions.Item Procesul încheierii unui tratat internaţional. Practica Republicii Moldova(CEP USM, 2024) Guboglo, IvanThis article is dedicated to a summary of the content of the master`s thesis on the topic about process of conclusion of an international treaty and current practice of the Republic of Moldova in this domain. In the course of carried out research was elaborated a set of recommendations which are intended to contribute to the establishment of a uniform path for the application of the Law no. 595/1999 regarding the international treaties of the Republic of Moldova, as well as the Regulation regarding the mechanism for concluding, applying and termination of international treaties, approved by the Government Decision no. 442/2015.Item Contractele de furnizare de conţinut digital şi de servicii digitale(CEP USM, 2024) NIiculcea, RamonaThe evolution of e-commerce, driven by technological advancements, necessitates updated EU legislation, focusing on compliance and consumer rights within digital trans- actions. The critical distinction between digital content and services shapes withdrawal rights, as highlighted by the CJEU in case C-641/19. This scenario underscores the urgency for Moldova to adopt Directive 2019/770, aligning national law with EU standards to enhance consumer protection and market clarity in the digital economy.Item Refuzul de a recunoaşte şi de a exercita hotărârile arbitrale străine în lumina practicii internaţionale şi naţionale(CEP USM, 2024) Luca, MădălinaThe article explores challenges in recognizing and enforcing foreign arbitral awards in Moldova. It highlights ambiguities in the enforcement of awards confirming settlements, discrepancies in legislating the incapacity ground for refusing enforcement, and confusion in the application of the suspension of recognition proceedings on the grounds of an annulment request at the seat of arbitration.Item Protecţia internaţională a drepturilor omului în era digitală(CEP USM, 2024) Fricaţel, Vlad-GeorgeThe protection of human rights in the digital era involves addressing critical issues such as privacy, freedom of expression, and access to information. This complex field requires robust international legislation and cooperation to balance the substantial benefits of digital technologies with their potential risks. Key areas of focus include safeguarding data privacy, combating online censorship, and ensuring global collaboration to effectively uphold human rights in the increasingly digital landscape. The interplay between technology and human rights necessitates ongoing vigilance and adaptive legal frameworks to protect individual freedoms and promote justice worldwide.Item Rolul activ al judecătorului în contenciosul administrativ(CEP USM, 2024) Vatavu, TudorThis research aims to study the doctrinal concepts of administrative litigation by analyzing the active role of the judge in the process. It examines national and international legal provisions, as well as judicial practice. The main objective is to identify and analyze the limits of judicial control over discretionary power and administrative acts, formulating conclusions and recommendations regarding the application of the active role of the judge in administrative litigation.Item Particularităţile interceptării comunicărilor în contextul protecţiei dreptului la viaţa privată(CEP USM, 2024) Teut, AlexandruOne of the priority directions of the internal policy of a democratic state at the current stage is ensuring the safety of citizens, defending rights and maintaining the rule of law. Normative regulations regarding private life are necessary as a protective measure, not having an absolute character, the law provides for the possibility of their limitation. The conditions in which we are protected against the unjustified intrusion of the authorities in our correspondence, for what reason the agents of the state can enter into privacy, however deep such an interference may be, they represent the subject of major interest.Item Криминалистическое исследование следов выстрела(CEP USM, 2024) Ставер, АлександрThe purpose of this study is to examine the forensic significance of gunshot traces, methods for their detection, fixation, and analysis. The main objectives include defining the classification of gunshot traces, studying methods for their fixation and analysis, and investigating forensic ballistic examination.Item Particularităţile urmăririi bunurilor imobile în cadrul procedurii de executare silită(CEP USM, 2024) Șpac, IuliusThe thesis ,,Particularities of Real Estate Tracking in the Forced Execution Procedure” by Iulius Șpac examines the legal and procedural framework for tracking and enforcing real estate properties in Moldova’s forced execution process. It discusses the stages of execution, legal requirements, and practical challenges. The work emphasizes the importance of legal compliance and the protection of stakeholders’ rights, providing an in-depth analysis of the execution process’s complexities and the specific legal norms governing it.