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CNAA / Theses / 2005 / July /

Răspunderea minorilor pentru săvârsirea contravenłiilor administrative


Author: Aliona Corcenco
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
Year:2005
Scientific adviser: Gheorghe Costachi
doctor habilitat, professor, Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 1 July, 2005
Approved by NCAA on the 22 September, 2005

Abstract

Adobe PDF document – 0.38 Mb / in romanian

Keywords

juridical responsibility, administrative responsiblity, contraventional responsibility, administrative-disciplinary responsiblity, administrative – patrimonial responsiblity, administrative minor offens under age, administrative minor offence, minor offence with discrimination, under age, administrative sanction, contravenţional sanction

Summary

The present work examines the problem of minor offences done by the under aged, who lately obtained big amplitude in relation with the absence of steady, efficient and balanced market economy, the encreasing of living standards of voulnerable groups of the population. The first chapter defines the notions and features of administrative responsiblity and contraventional responsibility as forms of juridical responsibility which defines the state of the under aged with its biological and psychophysical peculiaritie, the personality of the under age. A special place is reserved to the study of the state of the under aged, reflected in a juridical plan: age limit of the juridical responsibility for their actions, the nature of the offence system and other aspects.

A great attention is dedicated to the study of reasons and conditions which contributed in commiting offences by the under aged: deficiency of social maturity, family conflicts, deficiency of attention and care from the parents, school abandonment, difficult material conditions, the influence of some matures who have penal past, street influence, harmful environment, leaving children with helpless grandparents for working and earning money abroad, alcohol and drug consumption, absence of collaboration between school-family-society and many other reasons.

A special chapter is dedicated to the responsibility for minor offences of the under aged person, where the problems referring to the under aged as the subject of law in the administrative legislation of the Republic of Moldova is studied.

There is analized the source of law, the judiciary principles applied in judiciary practice regarding the cases of the under aged. It is accentuated that the improvement of law regarding the under aged represents a necessity addressed not only to the law authorites but to the society too. It is also underlined the state of the under aged as an attenuating circumstance in the reglementation of the minor offences done by the under aged and it is grounded the necessity of adoption of a sanction regime special for the under aged. In this context it is proposed a lege ferenda.

It is also underlined that against the minor offences it is impossible to fight only appling contraventional measures. This problem cannot be solved only by juridical way. A major role in its solving have and must have the prophylaxis, educational and preventive measures, the control and society participation in the education on the young generation. The educational measures have priority against the punishment which is settled down only in the case if the educational measures are considered to be insufficient for reeducation of minor offences of the under aged.

There are also studied the measures with educational character, stipulated in the Code on Administrative Minor Offences of the Republic of Moldova, such as: warning, entrusting the under aged for parents’ supervision, or a substitute, or special state authorities; the obligation of the under aged to repair the caused damage, as well as the measures with educational character, stipulated by the Regulations regarding the committees for under aged. In the research of the system of punishment applied to the under aged from different counties, it is outlined the tendency to indemnify the losses and to practice unpaid work for the society.