Facultatea de Drept / Faculty of Law
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Item CONFERINȚA ȘTIINȚIFICĂ INTERNAȚIONALĂ „INTERESUL SUPERIOR AL COPILULUI: ABORDARE SOCIO-CULTURALĂ, NORMATIVĂ ȘI JURISPRUDENȚIALĂ”, 30 SEPTEMBRIE – 1 OCTOMBRIE 2022 : CULEGERE DE COMUNICĂRI. VOL. I(CEP USM, 2023)În perioada 30 septembrie - 01 octombrie 2022, Departamentul Drept penal al Facultății de Drept a Universității de Stat din Moldova, în colaborare cu Avocatul Poporului pentru Drepturile Copilului, cu suportul financiar al Fondului Naţiunilor Unite pentru Copii (UNICEF Moldova) și al Înaltului Comisariat al Națiunilor Unite pentru Refugiați (UNHCR), a organizat Conferința științifică internațională cu genericul „INTERESUL SUPERIOR AL COPILULUI: ABORDARE SOCIO-CULTURALĂ, NORMATIVĂ ȘI JURISPRUDENȚIALĂ", înscrisă în ciclul activităților dedicate cu prilejul celor 76 de ani de la fondarea Universității de Stat din Moldova.Scopul urmărit de organizatori a fost de a sensibiliza societatea civilă, dar și reprezentanții organelor de drept, a instanțelor de judecată, a organelor care acordă asistență și protecție drepturilor copilului, în atitudinea și tratamentul pe care trebuie să îl oferim copiilor.Item ROLUL ADMINISTRAȚIEI PUBLICE LOCALE PRIVIND GARANTAREA REALIZĂRII DREPTURILOR ȘI INTERESELOR COPIILOR(CEP USM, 2022) Susarenco, SvetlanaIn Moldova, there have been major developments regarding the protection of children's rights. A series of international documents have been signed and ratified, including those on the protection of children's rights, with national legislation largely adapted to international documents. at the central level, responsible for protecting the interests of children are the Ministry of Labor and Social Protection, the People's Advocate for children's rights and legal bodies, and at the local level, a wider spectrum of competent authorities in the defense of children's rights is proliferating. the central public authorities involved in the protection of children's rights have general powers, covering the entire spectrum of rights guaranteed to children, while the local public authorities responsible for realizing children's rights have a very narrow sphere of activity, mainly limited to assisting children who are in risk situations, participate in the drawing up of the act of abandonment of the child, the application of the procedure of taking the child from the parents or from the persons in whose care he is, if, as a result of the initial assessment, it is found that there is an imminent danger for the life or health of the child.Item REPREZENTAREA INTERESULUI COPILULUI DE CĂTRE PĂRINȚI(CEP USM, 2022-09-30) Cebotari, ValentinaFor law science, that is studying law events, notions have an important role, because “one of the essential feature of the law is certainty of its content”. Only through clear notions, life facts can be understood, that require juridical qualification. The most important way to assure law certainty are legal notions, that are fixed in legislation, acquire clarity and firmness. Law science is facing definite notions and less definite notions, that are fixed either in doctrine, either in legislation, or are not fixed nowhere, but become a necessity for modern society. On of this notion, fixed in law, but undetermined, is “interest”, whose study we proposed to us in this article.Item INTERESUL SUPERIOR AL COPILULUI – TEMEI JUSTIFICATIV PENTRU ÎNCASAREA PENSIEI DE ÎNTREȚINERE A COPILULUI DUPĂ ÎMPLINIREA VÂRSTEI DE 18 ANI(CEP USM, 2022-09-30) Șavga, AlinaThe guarantee of a harmonious physical, psychological and spiritual development of the child is indubitably linked with the obligation of the parents to take care of the said child. This fundamental element of the patrimonial relationship between parent and child, is based on the right of all the children to be cared for as long as they cannot obtain the existential resources they require on their own (home, food, clothes, expenses for education and professional formation). In this case, the parents must care for their underage children until they reach 18 years old and they must also care for the mature children that are incapable to work and require financial aid. In any case, the legal justification for the claim of a maintenance pension, must be the assurance that it is in the supreme interest of the child in question.Item RESPECTAREA DREPTURILOR ȘI INTERESELOR COPILULUI ÎN PROCEDURA DE EXECUTARE A ACTELOR ADMINISTRATIVE ȘI A HOTĂRÂRILOR DE CONTENCIOS ADMINISTRATIV(CEP USM, 2022-09-30) Clima, VladislavWhen implementing the individual administrative act, the public authority is to undertake enforcement measures, which are in reasonable relation to the purpose they have and are selected in such a way as to affect the individual and society to a minimum. The positive obligations of the state in respect of family life involve the adequate and effective implementation of legislation in order to ensure the legitimate rights of individuals. This must allow the state to take appropriate measures to restore the contact between the parent and the child, including in the event of a conflict between the parents. If the national authorities must endeavor to facilitate the maintenance of contact between the parent and his child, their obligation to resort to coercion can only be limited: they must take into account the interests and the rights and freedoms of those persons and, in particular, the best interests of the child and his rights guaranteed by Article 8 of the ConventionItem AUDIEREA MARTORILOR ȘI VICTIMELOR COPII ÎN CADRUL PROCESULUI PENAL(CEP USM, 2022-09-30) Roșioru, NirceaThe success of an investigation is directly proportional to the ability of the prosecuting body to gather evidence, so that it is sufficient and relevant to the case. In carrying out this complex procedure anchored to the criminal investigation phase, the prosecutor is the one who has the positive obligation to assess the sufficiency of the evidence and, equally, to check whether it (the evidence) was administered in accordance with the law. In particular cases, proving the guilt or, as the case may be, the innocence of the perpetrators was only possible through the administration of evidence with witnesses/victims who are minors. In the context of universal principles, in order to ensure an increased degree of protection of evidence with child witnesses/victims, the legislator had provided special procedures for the administration of these means of evidence, aiming that from the perspective of the impact on the merits of the case, they can be assimilated to genuine evidence administered during the trial.Item INTERESUL SUPERIOR AL COPILULUI ÎN JURISPRUDENȚA CONSTITUȚIONALĂ(CEP USM, 2022-09-30) Strulea, MariaWhen the Constitutional Court exercises a review of the constitutionality of some norms with reference to the matter of children's rights, the principle of the best interests of the child serves as a pillar of support in the court's assessment. The evaluation of the best interest of the child is reflected in the national constitutional jurisprudence in the spirit of the International Convention on the Rights of the Child and the jurisprudence of the European Court of Human Rights.Item APLICAREA PRINCIPIULUI INTERESULUI SUPERIOR AL COPILULUI ÎN CAUZELE PRIVIND EXPULZAREA(CEP USM, 2022) Reniță, GheorgheThe principle of the best interest of the child has become as a red thread in the context of justice and, above all, in the context of decision-making. Aware of this, this paper analyzes how the principle in question is applied in the cases aimed at expulsion. It has been shown that foreign nationals and/or stateless persons may be deported. In this sense, minors and/or the parents of minors could also be expelled. In both situations, compliance with the principle of the best interests of the child is unavoidable. In order to see how this principle is applied, national jurisprudence was appealed to, as well as the European Court of Human Rights.Item INTERESUL SUPERIOR AL COPILULUI: PRINTRE PREVEDERI ȘI REALITĂȚI(CEP USM, 2022-09-30) Dumneanu, Ludmila; Ștefanoaia, MihaiThe principle of the superior interest of the child must be mainly assessed and considered in all the actions or decisions which aim the respective child. The principle of the superior interest of the child, a principle that has been acknowledged through multiple stipulations of national and international instruments, according to which the interest of the child shall prevail in all steps and decisions regarding children, performed not only by all public authorities and authorized private bodies, but also in all cases solved by the courts of law.