The Institutions of Public Administration of Child’s Protection of the Republic of Moldova

Andrei SMOCHINĂ; Tatiana FOCŞA

doi:10.18662/lumproc.rsacvp2017.76

Andrei SMOCHINĂ Habilitated Doctor in Legal Sciences, Professor. Free University of Moldova, Chişinău, The Republic of Moldova
Tatiana FOCŞA PhD student in Law, Master in Public Law, Chisinau, Pedagogical State University “Ion Creangă”, Chişinău, The Republic of Moldova

DOI: https://doi.org/10.18662/lumproc.rsacvp2017.76

Keywords: institution, state administration, protection, safety, child, best interest

Abstract

The state has a fundamental responsibility towards the destiny of every citizen, especially towards the children that represent the future of the country. The state contribution to the activity of child protection is manifested by guaranteeing the functioning of institutions, services and public or private structures which are responsible for child care and protection. Social protection of people in general and of children in particular represents the key-element of the social reforms and the main direction of the state social policy. As social activity, the public administration fulfills the general interest expressed within the law, accordingly being the activity that organizes and enforces the law till the concrete material fact. The public authorities intervene every time when the child’s development, safety or physical and moral integrity are endangered. The research issue consists in determining the institutions of public administration of child’s protection and analyzing the competences of these institutions regulated in the European acts, in the normative acts of the Republic of Moldova and in many other acts that are subordinated to the law. The analysis of the national judicial practice shows that in all cases which are related directly or indirectly to the best interest of the child, the presence of the guardianship authority is mandatory. The best interest of the child is the principle that represents the supreme concern in the judicial and extrajudicial procedures with children involvement. Thus, all regulations approved in the field of respecting and promoting the child’s rights, as well as any legal act issued or, according to case, concluded within the mentioned field are subordinated with priority to the principle of the best interest of the child. Thus, by the given investigation, the authors tend to reveal which of public authorities is involved in the protection of child’s rights, as well as to analyze the practices of the European states regarding the subject under discussion

References

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