JOURNAL LEGAL AND ADMINISTRATIVE STUDIES July

  • PARENTAL ALIENATION

    Parental alienation is an increasingly common phenomenon. Imagine a parent who brainwashes a child. This produces negative effects in the child's life in the long term. Child alienation influences and should influence court decisions. A child can become alienated from the parent who initiated the divorce. The parent who ends up spending more time with the child ends up having hostile behavior towards the other parent. The paper aims to present the gravity and complexity of the phenomenon of parental alienation, to underline the consequences of this type of emotional abuse, as well as to highlight the applicable national and international legislative framework, while also offering solutions for preventing and combating this destructive behavior for the best interests of the child.
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  • THE RIGHT TO PROPERTY AND MECHANISMS FOR RECOVERY OF CRIMINAL ASSETS IN THE LEGISLATION OF THE REPUBLIC OF MOLDOVA FROM THE PERSPECTIVE OF FUNDAMENTAL RIGHTS PROTECTION AND THE EFFECTIVENESS OF COMBATING CRIME

    State interference with the right to property in the context of criminal proceedings represents a particularly sensitive and complex issue, as it entails the restriction of a fundamental right enshrined in both the Constitution and international treaties, including the European Convention on Human Rights. According to the jurisprudence of the European Court of Human Rights, any measure that limits the right to property such as seizures, confiscation, inqyisition, asset freezing, or the imposition of criminal fines, must meet three essential criteria: it must be prescribed by law, pursue a legitimate aim, and be proportionate to that aim. Failure to satisfy these conditions may render the measure arbitrary, thereby exposing the state to liability for the violation of fundamental rights. In the Republic of Moldova, amid an intensified campaign against organized crime and corruption, special mechanisms have been established to enable state intervention with respect to assets owned by individuals involved in criminal activity. These instruments include extended confiscation, the administration of seized assets by the Criminal Assets Recovery Agency, and other procedural measures specific to the criminal justice system. However, the implementation of such mechanisms raises serious concerns regarding their compatibility with European human rights standards. These developments give rise to a series of practical and constitutional challenges: the risk of abuse by public authorities, the difficulty of maintaining a fair balance between the public interest and individual rights, and the pressing need to align the domestic legal framework with the standards established by the European Court of Human Rights (ECtHR). Only by ensuring such a balance can the effective protection of the right to property in criminal proceedings be guaranteed
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  • ADMINISTRATION OF EVIDENCE IN THE TRIAL PHASE OF A CRIMINAL CASE

    By virtue of the principle of immediacy, the purpose of the judicial investigation consists in the direct and immediate administration of evidence previously obtained during the criminal investigation phase. This mode of administration gives the court the opportunity to perceive the evidence directly, a fundamental aspect for forming its own conviction on the factual situation and, implicitly, for adopting a sound solution.
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  • USING ARTIFICAL INTELLIGENCE IN FIGHTING CRIME AND RESPECTING HUMAN RIGHTS

    The use of artificial intelligence (AI) in the field of public safety represents a major evolution in the way authorities prevent and investigate crime. Through predictive analytics, facial recognition, big data processing and automation of judicial processes, AI can contribute to making police and judicial activities more efficient. This technology offers significant benefits, such as faster identification of criminals, anticipating crimes and reducing the burden on courts. According to the European Convention on Human Rights (ECHR) and the General Data Protection Regulation (GDPR), the use of AI must respect fundamental principles such as legality, proportionality and non discrimination. In particular, Article 8 of the ECHR protects privacy, Article 14 prohibits discrimination and Article 6 guarantees the right to a fair trial. In this context, the EU Regulation on Artificial Intelligence (AI Act), currently in the process of being adopted, proposes a classification of the risks associated with AI systems and sets strict requirements for applications used in the field of public safety. In conclusion, the use of AI in the fight against crime must be carried out within a clear legal framework, ensuring the balance between public safety and the protection of fundamental human rights. Any application of AI in this area must be transparent, humanly controlled and subject to effective oversight and legal accountability mechanisms.
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  • ARTIFICIAL INTELLIGENCE AND CRIMINAL LAW: CHALLENGES, OPPORTUNITIES AND PERSPECTIVES

    Artificial intelligence (AI) is increasingly penetrating the field of criminal law, offering solutions for streamlining investigations, judicial decision-making and crime prevention. However, the use of AI raises complex issues regarding criminal liability, respect for fundamental rights and transparency of automated decisions. The main risks include algorithmic discrimination, lack of human control and the legislative vacuum regarding the regulation of AI in justice. In order to avoid abuses and protect the rights of persons involved in criminal proceedings, clear regulation is needed, ensuring transparency, fairness and mandatory human intervention in critical decisions. Thus, AI offers important opportunities for the modernization of the criminal justice system, but these must be managed within a well-defined legal and ethical framework.
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  • EUROPEAN UNION ARTIFICIAL INTELLIGENC LAW – A LEGAL FRAMEWORK FOR THE FUTURE

    In the context of the accelerated development of artificial intelligence (AI) technologies, the European Union has recognised the need for a clear legal framework that guarantees safety, transparency and respect for citizens’ fundamental rights. This is how the Artificial Intelligence Act (AI Act) was born, the world’s first comprehensive set of regulations in this area. Adopted in 2024, the law aims to position the EU as a global leader in the responsible governance of AI. The Artificial Intelligence Act (AI Act) is the world’s first comprehensive legal framework for regulating artificial intelligence. Adopted by the European Union in 2024, the law aims to ensure that AI systems used in the EU are safe, respect citizens’ fundamental rights and stimulate innovation.
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  • THE RIGHT TO FREE EDUCATION BETWEEN ARTIFICIAL INTELLIGENCE AND LIBRARY

    A topic that has been widely discussed over the past two centuries is education, because ordinary people have insisted on it, contrary to the ideas of politicians, who were not always pleased by a rise in the population's level of instruction. The establishment of compulsory education was – without doubt – the greatest progress humanity has ever made in its entire history, and the positive effects of this measure will be felt as long as we exist on Earth. But education has never been valued at its true worth because of the costs it entails, both in terms of the time dedicated to it and especially from the financial aspect of acquiring valuable study materials. However, the Internet and Artificial Intelligence have brought some changes in this perspective, and traditional bookstores are starting to see their role sharply decrease – or is it actually the opposite? This text will attempt to provide some answers to an acute issue: what is the cost of education today, relative to its ultimate goal, namely preparing children and young people for a life that brings many challenges.
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  • INDEPENDENCE OF THE MAGISTRATE – AN OBJECTIVE COMPONENT OF PROFESSIONAL STATUS

    The interest in the existence of an independent judicial system has made it necessary to provide guarantees that allow magistrates to fulfill the role conferred by the legal provisions. In the following, the significance of the principle of independence – a fundamental ethical value of the judiciary, the international and national legal instruments guaranteeing the independence of the judiciary, the judge and the prosecutor, as well as doctrinal and jurisprudential aspects of relevance in this area will be presented.
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  • THE DOCTOR–PATIENT RELATIONSHIP IN OUTPATIENT NEUROLOGY: SOCIOCULTURAL AND LEGAL DIMENSIONS

    In outpatient neurology, the relationships between the physician and the neurological patient are complex, as they involve not only medical dimensions but also sociocultural and legal aspects that can influence the perceptions and behavior of all parties involved in the dialogue. In line with these considerations, this paper explores the socioeconomic, cultural, and legal dimensions that regulate the doctor patient relationship in outpatient neurology, with particular emphasis on informed consent, patient data confidentiality, and patterns of medical communication.
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  • THE ROLE OF A LEGAL SECRETARY IN PREPARING CANDIDATE LEGAL PRACTITIONERS AND LAW GRADUATES FOR LEGAL PRACTICE

    Legal secretaries are not legal practitioners; yet, they are in a position to provide valuable practical and professional training to candidate legal practitioners, during their term of practical vocational training, as well as to law students performing paralegal services at university law clinics. In a country like South Africa, legal secretaries mostly perform administrative work in law firms and at university law clinics. Despite their administrative knowledge, they also accumulate experience in the drafting of various legal documents, legal ethics, professionalism and, sometimes, even legal knowledge. This experience puts legal secretaries in the position to assist legal practitioners with training candidate legal practitioners and law students for entry into legal practice. Such additional training becomes important in light of the fact that legal practitioners, and even legal academics, have complained about the competence of law graduates who enter legal practice – they simply do not have sufficient practical knowledge and the relevant skills that practice requires. Conventionally, legal practitioners act as principals for candidate legal practitioners, which task is statutorily ascribed to them when candidate legal practitioners enrol for practical vocational training. Legal secretaries are not conventional trainers. In this article, it is argued that there is a firm theoretical foundation to recognise the important role that legal secretaries can play in the professional and practical upbringing of candidate legal practitioners and university law clinic students. The doctrines of constructivism and kinesthetics learning are relevant in this regard. It is argued that legal secretaries should be seen as “para-lawyers” or legal assistants in the sense that they should work with legal practitioners in providing practical 9 and professional training to candidate legal practitioners and students. It is trite that university law schools use the lecture method to teach law, resulting in law graduates mainly receiving theoretical training with little to none practical experience. Work-integrated learning is important for law graduates wanting to be admitted as legal practitioners and legal secretaries can make a contribution, especially legal secretaries who have years of experience behind them.
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