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The role and the legal position of the public administration authorities in the solving of problems of children in difficulties

Author: Mărgineanu Lilia
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Scientific adviser: Maria Orlov
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Scientific council:


The thesis was presented on the 31 January, 2008
Approved by NCAA on the 17 April, 2008


Adobe PDF document0.32 Mb / in romanian


CZU 342.9 (043.2

Adobe PDF document 1.23 Mb / in romanian
185 pages


State, public authority, public administration, central public administration, local public administration, decentralization, autonom structure, non-governmental organization, politic decision, deliberative authority, executive authority, organizers, coordination, control, cooperation. Human right, collective right, individual right, human dignity, right equality, child, children in difficulties, pour, institutionalize, handicap, street child, abused child, trafficked child. Child protection, alternative protection, social protection, social assistance, social insurance, social protection, compensation, communitarian social services, institutionalization, social integration


In the present doctor’s degree thesis is studied a complex of scientific-practical problems connected with the role of public administration authorities in the protection of rights of the children in difficult situations. Identifying the right guaranteed to children according to the international and normative acts, the principles of these rights protection, the thesis analysis the public administration authorities system from the Republic of Moldova invested with the protection of the children in difficult situations, as well as the mechanisms, tools, procedures used for this purpose. The topicality of the theme under discussion is determined by the obligation undertaken by Moldova to adjust its laws, norms and standards to the ones of the European Union, to promote reforms and social and economic development, thus consolidating the administrative abilities. In this context, the improvement of forecasting and consequence in the activity of administrative authorities responsible for the protection of children in difficult situations, the development of actions preventing the ending up of children in difficult situations and of benefits for children, as well as the improvement of social assistance efficiency for children and the family became a priority. This, under conditions when the rate of unfourable population in the republic is over 70% the rate of poor children – over 35% and the children social benefits cover only 25% of the necessities; when the number of sick children increases, when the number of misdeeds against the family and minor children, especially the illicit children traffic increases – with 39%, when in the residential institutions are about 12600 children, 95% of which have one or both parents, when about 23000 children are left with the relatives, while the parents left abroad for work etc., the public administration cannot help involving in the solving of problems of children in difficult situations.

For the first time in the national special literature are analyzed the appropriate legislative, administrative, social and educational measures for the protections of children in different difficult situations, the means that are designed to secure the fundamental interest of these children and to avoid their exclusion from the social life. Here is defined the notion of “difficult situation” and are underlined the main characteristic that permit to identify the child in a (or many) difficult situation. There are underlined the measures preventing the ending up of children in a difficult situation, as well as the intervention measures, depending on the case.

By analyzing the indexes reflecting the actual situation of children in difficulties and result of the activity carried out competent authorities for the purpose of the protection, the thesis argues the necessity to reform the existing social protection system. At the same time, it is analyzed the evolution of the protection system of children in difficulties in the countries in transition, and other children protection services of other counties with long traditions in this field.

The conclusions and recommendations of the authors are of practical interest and contain possible solutions for the reformation of the protection system of children in difficulties in the Republic of Moldova and can be taken into consideration by the central and local public administration authorities involved in the reformation process. The scientific-theoretical ideas developed in this thesis can be used both for the instruction of the students of the faculties of law, social assistance, public administration and in the practical activity of the public administration functionaries.