The legal-procedural status of the minor in the framework of the examination of civil disputes
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BÂCU, Adelina. The legal-procedural status of the minor in the framework of the examination of civil disputes. In: Competitivitatea şi inovarea în economia cunoaşterii: Culegere de rezumate, Ed. Ediția 26, 23-24 septembrie 2022, Chişinău. Chişinău Republica Moldova: Departamentul Editorial-Poligrafic al ASEM, 2022, Ediţia a 26-a, pp. 29-30. ISBN 978-9975-155-93-9.
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Competitivitatea şi inovarea în economia cunoaşterii
Ediţia a 26-a, 2022
Conferința "Competitivitate şi inovare în economia cunoaşterii"
Ediția 26, Chişinău, Moldova, 23-24 septembrie 2022

The legal-procedural status of the minor in the framework of the examination of civil disputes

JEL: K41

Pag. 29-30

Bâcu Adelina
 
Academy of Economic Studies of Moldova
 
 
Disponibil în IBN: 30 martie 2023


Rezumat

In the Republic of Moldova, the necessity and obligation of the existence of a normative framework, in accordance with international standards, regarding the protection of minors involved in civil processes is a prerogative, considering the commitment of the state authorities to ensure the protection of children, adolescents and young people against any abuse likely to harm their interests or even their health, physical or moral development. However, there are currently a number of legislative gaps in the way civil proceedings are filed and conducted, namely in situations where minors are parties to the proceedings. Thus, the actuality of this topic is determined by the urgent need to ensure minors an effective protection in the process, so that they have the opportunity to effectively capitalize on their rights and freedoms. The purpose of the study is to reveal the deficiencies of the normative framework, in the chapter of implementation of the procedural status of the minor during the examination of the civil case and the submission of some legislative proposals to improve the procedural system in force. Research methods are logical, comparative and systemic analysis methods, which were used in the study process. The materials used are the research in the relevant field developed by researchers from the Republic of Moldova and Romania, as well as the analysis of the legislation in force regarding the legal status of the minor in the civil process. The final conclusion shows that the national procedural legislation does not take into account the specifics of civil cases with the participation of minors, a fact that requires the establishment by law of the mandatory participation of the ex officio lawyer for trials involving minors, in order to improve the efficiency of their protection.

Cuvinte-cheie
minors, legal capacity, procedural status of minors, legal representatives, protection of rights and interests