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

Abstract

In 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, nowadays there is 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 an effective protection in the process for the minors, 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 minors during the civil case examination and the submission of some legislative proposals to improve the procedural system in force. Research methods - logical, comparative and systemic analysis methods 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 minors in the civil process. The final conclusion shows that the national procedural legislation does not consider the civil cases specifics 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. CZU: 341.231.14-053.2+347.91/.95; JEL: K41; DOI: https://doi.org/10.53486/cike2022.21