Facultatea de Drept / Faculty of Law

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    Limitele temporale ale dreptului la viață
    (Tipografia „Adrilang”, 2022-01-27) Pozneacova, Veronica; Zaharia, Virginia
    Life represents a constitutional right, regulated at the International and national levels. Despite of the general importance of this fundamental right, the moment of the emergence and extinction of the right to life remains a controversial one, both in the doctrinal discussions and in the debates of the wide circles of the population. The birth and death of a person, facts that have the legal connotation form the temporal limits of the right to life being presented within the current regulations. States have not adopted a unanimously recognized vision on the emergence of the right to life in aspects related to the legal status of the embryo and that of the unborn child. The substantial difference between the legislations of several states is manifested in the establishment of conception or birth as the beginning from which the life of the human being enjoys the protection of the state. The death, as the temporal limit of the right to life in the present, generates many discussions with ethical, legal and medical connotation. Currently, the establishment of the person’s death is based on the criterion of biological death or brain death. Introducing brain death as a basic criterion for ascertaining death determined the necessity to justify it from the perspective of ascertaining the cessation of brain activity or certain areas of it, being closely related to the field of transplantology. The purpose of this article is to determine the models of regulation of the temporal limits of the right to life, as well as to analyze the specifics of each approach based on medical, ethical, philosophical and legal arguments.
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    CONFLICTUL MATERNO-FETAL, CA O EXTREMITATE A DIMENSIUNII PROTECȚIEI COPILULUI BALCAN Silvia
    (CEP USM, 2022-09-30) Balcan, Silvia
    Obviously, the child is protected by legal norms at national and international level from the birth moment, and this article aims to present the request for the protection of the child at a stage prior to the establishment of extrauterine life, starting also from the provisions of some international instruments. In the scientific work, we will assess the need for rationale towards the balance between the sexual, reproductive and intrauterine life rights and those of persons’ intrauterine life. The formulated conclusions will outline the need to review the national legislation, including the involvement of specialists from different fields, so that through research and studies focused on the good practices implemented in the experience of other states, recourse may be had to the harmonization of national legislation in the field of right protection to life of unborn children.
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    PROTECŢIA VIEŢII INTRAUTERINE. REPERE METODOLOGICE DE CERCETARE ÎN DOCTRINA AUTOHTONĂ
    (CEP USM, 2021) Balcan, Silvia
    The objective of this study is systematization of recent researches in the Republic of Moldova on the protection of intrauterine life, in order to identify the premises and needs for revision the standard of human rights protection at the national level. This exercise aims to generalize scientific investigations resulting from several fields by applying the logical, comparative method and deductive analysis to identify less researched aspects and solutions for the person / human being to have protection at all stages of development. The formulated conclusions are going to outline the need of evaluating the national legislation, including the involvement of specialists in different fields, so that through research and studies, focused on good practices implemented on the other states’ experience, resorting to harmonization of national legislation in the field of life rights’ protection. We consider the revision of some existing notions and, respectively, the formulation of the lege ferenda proposals will be imperative for the Republic of Moldova, especially during a demographic crisis.
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    RECERINŢA PROTECŢIEI VIEŢII INRAUTERINE PRIN NORME JURIDICO-PENALE ÎN REPUBLICA MOLDOVA
    (CEP USM, 2021) Balcan, Silvia
    The child life is recognized and protected as an independent value in the Republic of Moldova only from the moment of birth, but the unborn child’s right to life is ensured by the legislation in force only commonly and indivisibly with the pregnant woman’s life and birth. Recording to this standard of legal protection, we consider opportune to be revised, in the existing demographic crisis at national level, as well as in other European states, that already presents a different approach through their judicial practice. Based on the above analysis, we consider indispensable to be analysed, in this article, the less researched and almost outlined aspects regarding the legal-criminal protection of intrauterine life, in order to identify, on this way, the legislative vacuum regarding the commitment of criminal liability for the person or persons, who have caused the injury or even death of the fetus, a situation which is in principle outside the current criminalization of the national legislation. The research elaboration on this topic aims to present, on objective and coherent way, the need to criminalize, by aggression-criminal norms, the aggression against unborn children, as well as to take as a conclusion the good practices from abroad in order to harmonize their own legislation, including by formulating relevant proposals on this line.