Facultatea de Drept / Faculty of Law
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Item Incriminarea faptelor care atentează la viaţa sexuală(CEP USM, 2024-09-20) Doboş (Popa), Georgiana; Caia, Dănuț-GheorghițăSex life is an important attribute of human personality. Forcing a person of any gender to have a sexual act, as well as committing it through coercion, is one of the most brutal crimes and a serious violation of human dignity. Applying violence or any means of coercion to a sexual act is actually a serious form of violation of the person's freedom, implicitly sexual freedom.Item RĂSPUNDEREA PENALĂ PENTRU HĂRŢUIREA SEXUALĂ A SALARIAŢILOR(CEP USM, 2021-03-25) Macovei, TatianaSexual harassment represents threat, coercion, and intimidation, humiliation, exercised by one person against another. These behaviors are sexual and can be verbal, non-verbal or physical. Usually, the person who harasses, abuses his/her work position, in order to obtain certain benefits from the person who is being sexually harassed. The effects of such behaviors are negative and affect both the harassed person and the organization where he/ she works, especially because the individual performance decreases and the negotiation of aspects regarding promotion, training, payment, etc. are no longer objective processes, but are affected/influenced by negative behaviors of the harassed person.Item CE ESTE MOBBING-UL ORGANIZAȚIONAL(2014) Macovei, TatianaMobbing-ul este o formă generalizată de abuz la locul de muncă. Teroarea psihologică sau mobbing-ul în viața profesională implică o comunicare ostilă și lipsită de etică, care este direcționată într-un mod sistematic de către una sau mai multe persoane, în special față de un individ, care, ca urmare a mobbing-ului, este împins într-o poziție neajutorată și fără apărare și ținut acolo prin intermediul activității de mobbing. Mobbing este un termen folosit pentru a descrie o varietate de comportamente la locul de muncă, care implică un abuz emoțional asupra unui salariat sau a mai multora. Termenul este utilizat atunci când un grup de salariați, mai degrabă decât un singur salariat, se angajează în acest comportament ostil, făcând viața dificilă pentru cineva la locul de muncă pentru victima mobbing-ului. Actorii care exercită acțiunea de mobbing pot fi colegii, superiorii sau subordonații, iar acest comportament poate afecta lucrătorii din întreprinderile de toate mărimile, inclusiv din companiile mai mici..Item MOBBINGUL ORGANIZAȚIONAL(CEP USM, 2020) Macovei, TatianaMobbing is a generalized form of workplace abuse. Psychological terror or mobbing in working life involves hostile and unethical communication which is di- rected in a systematic manner by one or more individuals, mainly toward one individual, who, due to mobbing, is pushed into a helpless and defenseless position and held there by means of continuing mobbing activities. Mobbing is a term used to describe a variety of behaviors in the workplace that amount to emotional abuse by workers of a fellow employee or employees. The term is used when a group of workers rather than a single worker engages in this hostile behavior, collectively making life difficult for someone on the job in a concerted fashion. The mobbing actors can be colleagues, superiors or subordinates, and this behavior can affect workers in businesses of all sizes, including at smaller companies.Item PROTECȚIA PENALĂ A MINORULUI: DEFICIENȚE LEGISLATIVE ȘI CONTROVERSE JURISPRUDENȚIALE(CEP USM, 2022-09-30) Stati, VitalieExamining the provisions of the criminal law and judicial practice in criminal matters demonstrates that the protection of minors is not always effective. In this article, the following legislative deficiencies and jurisprudential controversies that negatively affect the criminal protection of minors are analysed: 1) failure to take into account in the case of certain manifestations of domestic violence the quality of the minor as a victim of the crime; 2) the absence of norms that would provide for liability for ill-treatment of minors and nonsexual harassment of minors; 3) the absence in article 782 of the Contravention Code of a provision that would ensure the aggravation of liability if the victim is a minor; 4) the nonunitary practice of applying liability in the case where, as a result of the influence of the adult perpetrator on a minor, the crime is committed by the minor, together with the adult perpetrator. Effective solutions are proposed in the article in order to overcome the legislative deficiencies and jurisprudential controversies that have been reported.Item PREVENTION OF HARASSMENT – INTERNATIONAL LAW PRACTICES(CEP USM, 2022) Stoica, DumitruThe Article contains the author's view of the harassment phenomenon in the Republic of Moldova. This research aims to identify mechanisms to prevent and combat harassment at national and international level through research, understanding and learning of the concept and phenomenon of harassment. Research methods used or based on the study of different laws, scientific works of domestic and foreign authors, observation, analysis of the material subject to the investigation, conclusion and examination of CEDO judgements. At the same time, the national legislative framework has been analyzed, gaps have been identified and recommendations have been developed. An important aspect of research is taken over by international policies and their beneficial impact on defeat zones.Item SPUNEM NU HĂRȚUIRII MORALE LA LOCUL DE MUNCĂ(CEP USM, 2022) Macovei, TatianaMobbing is a generalized form of workplace abuse. Mobbing is a term used to describe a variety of behaviors in the workplace that amount to emotional abuse by workers of a fellow employee or employees. The term is used when a group of workers rather than a single worker engages in this hostile behavior, collectively making life difficult for someone on the job in a concerted fashion. The mobbing actors can be colleagues, superiors or subordinates, and this behavior can affect workers in businesses of all sizes, including at smaller companies.Item CYBERBULLYING: PROVOCARE SAU REALITATE?(CEP USM, 2022) Colțeniuc, Anatolie; Șaporda, EcaterinaCyberbullying or cyberharassment is a form of bullying or harassment using electronic means. Cyberbullying and cyberharassment are also known as online bullying. It has become increasingly common, especially among teenagers, as the digital sphere has expanded, and technology has advanced. The lack of specific regulations in the national criminal and contravention legislation makes it difficult to qualify cyberbullying and makes it almost impossible to hold people accountable for such acts. Following the analysis, some proposals of lege ferenda will be outlined, in order to adapt the national criminal / contravention legislation to the current conditions.Item HĂRȚUIREA SEXUALĂ – PUNCT COMUN AL CONTRAVENȚIEI DE PRACTICARE A PROSTITUȚIEI ȘI AL INFRACȚIUNII DE PROXENETISM(CEP USM, 2022) Hamâc, DianaFlirting, attraction, closeness - is it all that dangerous for a lady or not? What about a prostitute? What about the victim of pimping? These are questions that need to be discussed and analyzed closely. As well, harassment is a factor, which unfortunately is a topical issue in our days. Thus, in this paper I aim to do a tangential analysis of these matters and the connection with the crime of pimping.