Facultatea de Drept / Faculty of Law
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Item Restrângerea exercițiului unor drepturi și libertăți fundamentale prin prisma reglementărilor naționale și internaționale(CEP USM, 2024) Bevziuc, AlexandruRespect for fundamental rights and freedoms can be guaranteed only in a democratic society. In the name of national security, the exercise of fundamental rights shall be limited, restricted or suspended in application. the restriction of the exercise of the fundamental right is done for a period of time, but the right itself is not prohibited. the rationale for limiting is based on the protection of the national and individual security. the limitation of the fundamental right must be proportionate to the intended purpose, in order not to violate the Universal Declaration of Human Rights. In this article we analyzed the practical case of limitation of the right to free expression, which was established with violations. By limiting the exercise must be understood the fixing of certain boundaries in which one can act. It is a limitation of action, of using the right under unanimously recognized conditions. The conclusion of this research is the balancing of methods and means in achieving the intended goal.Item Abordări teoretice privind libertatea întrunirilor(CEP USM, 2024) Roșu, Cristian-MariusÎn articolul respectiv încercăm să abordăm teoretic esența dreptului la întrunire ca fiind o libertate fundamentală garanatată prin instrumentele internaționale și legile interne. Acest drept constituie și fundamentul exercitării dreptului la libera exprimare și libertatea de asociere. Novația informației prezentate în articol se referă la aspectul exercitării dreptului copiilor la libertatea de a se întruni. Prezentăm câteva posibilități reglementate de lege pentru a asigura funcționalitatea dreptului la întruniri pentru copii, adolescenți și tineri. Am constatat și am argumentat diferența dintre noțiunile de drept și libertate pentru a evita situațiile de interpretare greșită a legii. Nu în ultimul rând, am redat izvoarele istorice care au stat la baza apariției și dezvoltării dreptului la întruniri în forma pe care o avem în prezent.Item Participația penală și participanții la infracțiune în formarea statului de drept(CEP USM, 2024) Mercuș, RaduEvery society respects certain obligations established authority invested from everу person for our existence a state in law that ensures order from all points of view as well as economic, social and cultural development. Concept for respect in law offer functional institutions, understand for established norms and review in their norms respected from everу person have correlative rights and obligations although from behind prevails because we exist in an order finnalу respect and implementation obligations we have either at work, studies or towards society as a whole for good organization. Nowadaуs, a concept importance in law develop three powers, such as parliamentary, executive and judicial, which cooperate with each other for there functionalitу in state, its institutions, also for society developed and feel progress in all aсtivitу. Acctuallу functional state consist from three powers which must organised independent without some influence that would сhange normal activity in a state institutions. Some of person said opinion about justice is part in executive power and we still have mass media as one powers that is important in development importance law also in education for society through informative materials which develop in education, act and form an opinion about everyday life of people. Subject criminal participation and participants in crime as a component in development in a state represents a problem for society as well as other determin factors for example migration, natural increase (natality/mortality), unemployment, poverty, hooliganism , etc. Activity in law enforcement institution is prevent and ensure criminality from cooperation with state institutions, international organizations through there implementation.Item Independența instituției ombudsmanului, condiție indispensabilă a statului de drept și acces la valorile europene(CEP USM, 2024) Zubco, AlexandruThe institution of the Ombudsman plays an important role in strengthening democracy, the rule of law, good administration, the protection and promotion of fundamental human rights and freedoms. It is the duty of the state to support and protect in this way, the Institution of the People's Advocate and to refrain from any action that undermines its independence. The competence of the Ombudsman regarding judicial or administrative authorities should be limited to ensuring the procedural efficiency and administrative functioning of this system. The People's Advocate will not be involved in the judicial system, for example, but will be able to monitor and report on the level of respect for the constitutionally guaranteed right to a fair trial. The ombudsman will not be able to annul an administrative act, but he will be able to support whether or not it contravenes international human rights standards. The ombudsman will not be able to hold civil servants accountable, but through his reports he will be able to reiterate the degree of respect for human rights by the public/administrative institution or any other entity.Obviously, in his mandate, the Ombudsman will not get involved in political, administrative or professional activities incompatible with his independence and impartiality. In this paper, the authors will analyze the level of compliance with the above-mentioned guarantees by the state authorities in the context of precedents from the Republic of Moldova and other states and how effective they are or can be in a state in democratic transition.Item Impactul exercitării dreptului la întruniri asupra bunăstării şi securităţii societăţii(CEP USM, 2024-09-20) Roşu, Cristian-MariusThe right to assembly is a fundamental freedom, a democratic constitutional form of dialogue between society and the authorities, but sometimes the right to assembly can be manipulated by political actors. The role of the state is to increase collective awareness of the decision-making power of the right to assembly. An important outcome of the meetings on the topic of violence against women led to the criminalization of the notion of femicide. The right to assembly allowed women to be heard and to obtain full civil and social rights, equality in social and political rights with men, especially gender security.Item Provocările actuale privind exercitarea mandatului Avocatului Poporului în contextul angajamentelor de asociere(CEP USM, 2024-09-20) Zubco, AlexandruOn July 1, 2016, the Association Agreement between the European Union and the European Atomic Energy Community and their member states and the Republic of Moldova entered into force. And, on August 4, 2017, the Association Council approved the EU-Republic of Moldova Association Program. Among the short-term priorities of the program in the field of "political dialogue, good governance and strengthening institutions" was, inter alia, the completion of the reform of the People's Advocate institution, by improving Law no. 52 of April 3, 2014 regarding the People's Advocate (Ombudsman), in in accordance with the recommendations of the Venice Commission, and ensuring its financing according to the Paris Principles. In concrete terms, according to the Association Program, the Government of the Republic of Moldova was to strengthen the function of the People's Advocate, including through amendments to the law on the People's Advocate and the law on whistleblowers, by providing human and financial resources and an appropriate headquarters , in accordance with the provisions of the National Human Rights Action Plan, so that the Ombudsman can carry out his duties effectively. In 2023, the Parliament of the Republic of Moldova adopts urgent amendments to the Law on the People's Advocate, which aims at the inviolability of the Ombudsman, the procedure for appointing the People's Advocate, the conditions for early termination of the mandate, the exclusion of the public competition for the Ombudsman's deputies and the imposition of the duty to pay stamp duties in the case of actions in court. These changes were presented to the Association Council in 2023. Then, through the European Commission's 2023 country report, it is mentioned that the institution of the Ombudsman has been fully consolidated; the institution has "A" status; such as that the Ombudsmen enjoy inviolability when carrying out their duties and that the revocation of both lawyers requires a prior hearing by the full Parliament. At the same time, the European document suggests that the office is financed from the state budget, and its representatives have the right to address the parliament if the resources made available are insufficient to fulfill their mandate. Following the 2023 Expansion Package, it was decided to grant the EU candidate status to the Republic of Moldova. On June 21, 2024, the decree on the initiation of accession negotiations was signed. The respective article shows certain aspects omitted during the period of strengthening the capacities of the Ombudsman Institution, as well as some problematic aspects in achieving the full constitutional mandate of the People's Advocate in the context of European association commitments. The paper shows the importance of implementing the recommendations of the Association Council, of the Venice Commission, of the Universal Periodic Review tool by national authorities in order to have an independent and consolidated institution for a real protection of fundamental rights and freedoms.Item PARTICULARITĂȚI PRIVIND ANALIZA NATURII JURIDICE A DREPTURILOR ŞI LIBERTĂŢILOR FUNDAMENTALE ALE OMULUI(USEM, 2021-12-03) Ceban, Cristina; Zaharia, VirginiaThe study design, we aimed to research the legal nature of the rights and freedoms of the human being, because of the issue of human rights has been, is, and will always be in the spotlight, and it will be the object of concern of the experts in the field of law, political scientists, sociologists, politicians, and the whole of the companies, given the fact that human rights have become one of the central ideas of the day that tend to be accepted by all the countries of the world, beyond the differences in the historical, cultural, and economic factors.The purpose of this research is to carry out a comprehensive analysis of fundamental human rights and freedoms. The field of human rights is a widely discussed topic of vital importance to every state. According to them, their observance leads to a prosperity of each state, to a liberation and tranquility that dominates the whole world. In the process of drawing up this article, methods were used: logical, analytical, comparative.Item UNELE CONSIDERENTE PRIVIND INTERACȚIUNEA CURȚII CONSTITUȚIONALE CU PARLAMENTUL(CEP USM, 2024) Aramă, ElenaThe Constitutional Court and the Parliament are differents institutions, according to their legal nature, the Parliament being a representative institution with legislative powers and the Constitutional Court – institution for controlling the constitutionality of legal acts. However, their activity intersects with the participation in the legislative process, which does not put the Parliament in a position of subordonation to the Constitutional Court, but of ensuring respect for the Constitution, to which both must obey. The analisis of the jurisprudential practice of the Constitutional Court of the Republic of Moldova demonstrates the courageous position of the Court, which from being a negative legislator (Kelsen), sometimes resorts the position of a positive legislator. The situation exemplified in the case of the exception of unconstitutionality when the Court issues some provisional solutions to protect the rights of people who have a case before a court. The Parliament informed through the Addresses about these provisional solutions and the need to make changes in the normative acts containing the contested provisions.Item AVOCATUL POPORULUI – PROMOTOR AL STANDARDELOR INTERNAȚIONALE PRIVIND DREPTURILE OMULUI. CAZUL REPUBLICII MOLDOVA(2024) Zubco, AlexandruThe respective work highlights the function of the People’s Advocate to promote international standards in the field of human rights in the community and towards the three powers that are meant to ensure, guarantee and realize fundamental human rights and freedoms. The author opines that one of the Ombudsman’s roles is to constantly remind public authorities through its mechanisms of the recognized standards regarding human rights, when they assume decisions/policies/commitments, actions or inactions and to cause public actors to honor their international commitments without prejudice to fundamental rights and freedoms.Item LEGALITATEA, ORDINEA LEGALĂ, DISCIPLINA, DEMOCRAŢIA(2021) Negru, BorisHuman activity is subject, in one way or another, to norms, in the sense that it cannot be carried out in a disorganized way, outside a certain social order, except for requirements that society submits to all public authorities, officials, organizations, enterprises, institutions, citizens, etc. The regulation of human behavior is done by establishing concrete models of social behavior, by establishing some rights and obligations of the subjects, as well as by some consequences that will follow in case of deviation from the norms.