Browsing by Author "Guceac, Ion"

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Actualizarea reperelor normative naționale inerente statului social [Articol]
(CEP USM, 2024) Guceac, Ion
The article describes some important aspects of the scientific and normative benchmarks of the welfare state. The opportunity of approaching this topic is determined not only by the absence of the concept of the social state as a legal category in the legal literature of the Republic of Moldova, but also by the need for normative enshrinement of favorable conditions for the full development of citizens’ personality, rights, and equal opportunities. In this context, it is noted that the imperative of the social state consists of goals and objectives that ensure, in fact, the welfare of people, peace and social equity, as well as guarantee the protection of human rights and freedoms and citizens. The social state can only be considered to be a state which ensures a robust social policy geared to securing the rights, freedoms, and interests of individuals. In recognition of the fact that in the Republic of Moldova, the formation of the social state is at an initial stage, it is proposed to develop a Concept of the Social State.
APEL CĂTRE PARTIDELE PARLAMENTARE PROEUROPENE
(Academia de Ştiinţe a Moldovei, 2014) Duca, Gheorghe; Tighineanu, Ion; Rusnac, Gheorghe; Guceac, Ion; Hanganu, Aurelia
Asigurarea obligatorie de asistență medicală – mecanism de garantare a dreptului fundamental la ocrotirea sănătății
(Bălți, 2022-10-19) Guceac, Ion
The way the health of the population is protected has a direct influence on the development of a state in all its dimensions. Health care ensures that the primary needs of man to be healthy and society to have a healthy population are met. Before launching any scientific debate on the legal content of the notion of the fundamental right to health care, we must understand and appreciate the inestimable importance of human health. As Hippocrates, the most famous physician of ancient Greece, said, "Health is a treasure that few know how to appreciate, although almost all are born with it."
Aspecte teoretice şi practice ale protejării drepturilor omului şi eliminarea discriminării prin intermediul organizaţiilor obşteşti
(2008) Cârnaț, Teodor; Guceac, Ion
In the Republic of Moldova there is a discrepancy between the provisions concerning human rights and their realization in practice. These problems come up because of the economic instability, corruption, lack of legal culture, moral degradation, things which lead to appearance of discrimination on different criteria. Human rights respect and exclusion of discrimination depends on correct application by the state, institutions, organizations and citizens the legal provision referring to human rights, same as good functioning of national and international bodies which activate in order to guarantee and protect human rights.
Conceptul ordinii sociale în formula paradigmatică
(2021) Guceac, Ion
Prezentul studiu este orientat spre trecerea în revistă a opiniilor exprim,ate în doctrina juridică dar și în alte doemnii științifice cu privire la ordinea socială și diversitatea planurilor de manifestare a acesteia, dar și de a genera noi abordări conceptuale a problematicii din acest domeniu. Necesitatea unui astfel de studiu este determinată și de multitudinea noțiunilor utilizate în context cu acest fenomen dar și de necesitatea identificării limitelor acestui fenomen, natura acestora manifestată în spațiu și în timp. Studiul nu urmărește sarcina proiectării unui model de ordine social, având, însă, ca finalitate interpretarea unor probleme teoretice specifice componentelor funcționale ale ordinii ca factor de stabilitate socială. În final se constată că procesul de instituire și menținere a ordinii sociale, trebuie să fie orientat spre atingerea unor obiective importante, cum ar fi: asigurarea păcii și echității sociale; protejarea cetățenilor împotriva oricăror încălcări ale drepturilor și intereselor legitime; crearea condițiilor necesare pentru menținerea unui stil de viață decentă etc.
Congruența solidarităț ii sociale cu responsabilitatea reciprocă a individului și a statului
(CEP USM, 2024) Guceac, Ion
The present study starts from the undeniable assumption that society and the state as its highest form of organization cannot exist if the individuals who compose it are not held accountable for their actions. In this context, the thesis that the scope and guarantee of freedom are directly proportional to the depth and inviolability of the principles of social responsibility is further developed. New arguments are put forward in support of the idea that the extent of a person’s social freedom depends on the degree of responsibility of the individual. In a democratic society, the individual freely and independently determines his or her choices, and this possibility is the basis for responsibility, which finds legal expression and consolidation in the Constitution and the legislation in force, the extent and guarantee of freedom being directly proportional to the depth and inviolability of the principles of social responsibility. Finally, it is recommended that the Constitution of the Republic of Moldova be supplemented with rules on social solidarity and ways of ensuring it.
Constituţionalismul în Republica Moldova: multidimensionalitatea percepţiei şi previziunea oportunităţilor [Articol]
(Editura USM, 2025) Guceac, Ion
The present scientific endeavour is driven by the appreciation of constitutionalism as a phenomenon of primary scientific importance for the science of constitutional law in the Republic of Moldova. Such an assertion requires a clear understanding of the historical retrospective of the formation and development of ideas that underscore the relevance of this phenomenon. According to the conducted study, constitutionalism is presented as a theore- tical, ideological, and practical political and legal system of the constitutional construction of the state, which includes: constitutional legal consciousness as a subjective system of constitutional knowledge and values; constitutional law postulates (including legal principles and definition norms) that reflect the concept and essence of the constitution and the practice of its implementation; constitutional legal relations involving the recognition and protection of hu- man rights and freedoms; and constitutionality, which serves as a barometer of the acts, actions, and inactions of constitutional law subjects.
Constituţionalismul, democraţia şi libertatea – valori ale societăţii deschise
(2009) Guceac, Ion
Constitutionalism, as a politico-juridical phenomenon, is defined through the following principles: practicing national sovereignty by intermediary representative organs created on the basis of universal vote, the power of law, and segregation of powers. Constitutionalism reflected in the country’s constitution has to determine exactly the public functions which should be disputed by elections; the electoral procedure by which the candidates to these functions will be nominated by citizens, as possessors of national sovereignty; ascertain the prerogatives and measures that will limit their power. Respecting all these conditions will raise awareness among citizens that they are free to decide upon their own future and that of the entire society.
Constituționalizarea dreptului fundamental la un mediu sănătos – condiție sine-qua-non a societății ecologic inoffensive [Articol]
(CEP USM, 2020) Guceac, Ion
The actuality of the present research is determined by an essential requirement for new knowledge, which, for the moment, does not have a generally recognized interpretation in doctrine and university legal education, does not have a scientifically argued content and a well-defined place in the structure of the university course Constitutional Law. One such example is the notion of a “harmless ecological society” whose importance is also argued by climate change, considered to be “a real crisis”.Starting from the fact that establishing and guaranteeing this objective is possible only through legal means, a comparative analysis of the constitutions of several states is presented. As a result of this exercise, it was found that the texts of the constitutions of the states of the world, irrespective of the established political regime, are trying to comply with the exigencies of the time, establishing certain significant provisions regarding the environment.The study emphasizes the fact that one of the indispensable conditions for the creation of the ecologically harmless society remains the increasingly deep constitutionalization of the fundamental right to a healthy environment. Such an outlook offered to this fundamental right will contribute to the amplification of the constitutional matter, ensuring the long-term rendering of this notion.The constitutionalization of the right to a healthy environment will involve the mandatory reporting of environmental policies, ecological legislation and the practice of applying the right to the content of the constitutional norm.
Constituţionalizarea dreptului la apă potabilă de calitate [Articol]
(Editura USM, 2025) Guceac, Ion; Gojan, Valeria
Today, society faces challenges caused by pollution and envi- ronmental degradation, challenges that affect our right to a decent living and a prosperous life. In the framework of this research, we propose to determine the importance of the constitutionalization of the right to quality drinking water, highlighting the aspects in which the Republic of Moldova has some deficiencies today. Water, the source of life, appears today at the center of the debate on the international agenda. Even the constitutionalists in our country tried to highlight the importance of this subject, coming up with the proposal to enshrine a new right in the Constitution. Analyzing the reports provided by different authorities that provide supervision in the respective field, we notice that we are faced with the low degree of supply of the population with safe drinking water and the unsatisfactory quality of the water. Although the National Program for the implementation of the Protocol on Water and Health in the Republic of Moldova for the years 2016-2025 tried to improve the situation, the problem remains current, increasing the volume of water procured in bottled form.
Constituțiuonalizarea dreptului național. Provocări actuale și perspective de evoluție [Articol]
(CEP USM, 2023) Guceac, Ion
Being concerned with the particularities of the process of constitutionalisation of law, this study, for the most part, starts from the postulates of dynamic legal theory. Among other arguments, it is pointed out that the process of the concept of ‚constitutionalisation’ is taking place in an atmosphere of competition with other concepts, which also attempt to reflect social dynamics in all its manifestations. In this context, it is considered incorrect for legal science to be on the periphery of efforts to generate processes for modernizing the law. Constitutionalisation is seen as the totality of efforts to improve the institutional and normative image of the state and the content of the law. The following are recognized as objects of constitutionalisation of a society’s legal system: legal awareness, the legal system, and legal practice. It is recommended that the process of constitutionalisation should evolve in its ontological format, based on normative provisions of a fundamental nature. In the process of constitutionalisation of law it is necessary to pay attention to human rights and freedoms, but also to constitutional duties. Another crucial task of constitutionalisation is to promote the formation of a high legal culture in all possible ways.
Contribuţii inedite la dezvoltarea doctrinei juridice
(2011) Guceac, Ion
Democracy at the one-click distance: Is electronic voting the besoption for Moldova?
(Viena, Austria: Facultas Verlags-und Buchhandels, 2018-05-03) Vîrtosu, Ina; Guceac, Ion
Electronic voting, known as e-voting, has become increasingly popular in our fast developing technology-driven world. Hence, the Republic of Moldova is a source country of migrants, a significant number of citizens reside abroad. Therefore in most of cases Moldovan citizens have to cast their vote in other countries when Moldova has to hold its elections. Presidential elections from 2016 showed that a poorly organized electing process could lead to violations of constitutional political rights. Hundreds of citizens that travelled a long journey to London, Bologna, Milano and other cities, where polling stations were located, were not able to cast their vote because election officials did not send enough ballot papers. For a country with a numerous Diaspora, e-voting could be a solution for all problems that Moldovans have related to the exercising of voting right. The process is seductively simple, but it is also shockingly vulnerable to different problems - from software failure to malicious hacking - and also requires some special conditions for its implementation. This paper aims to provide an insight into the issues of e-voting, and the debate of pros and cons surrounding it, in order to assess if this solution is the best way to go for Moldova.
DETERMINANTE ALE LIBERTĂŢII POLITICE
(Artpoligraf, 2021) Guceac, Ion
This article examines the various aspects of the term „freedom”. As a result of the interdisciplinary study, a series of defining features of freedom were formulated. Some forms of manifestation of freedom have been identified and described, the emphasis being on political freedom as one of the forms of manifestation of social freedom. A special place is given to the problem of interpreting the notion of determinants of political freedoms and the forms of their manifestation (psychological attractiveness of freedom, spontaneity, and property). Based on the analysis, it was established that political freedom materializes and becomes a real possibility for members of society through fundamental political rights.
DREPTUL DE PROPRIETATE PRIVATĂ, GARANȚII CONSTITUȚIONALE ȘI LIMITELE ACESTUIA
(2020) Păduraru, Olga; Guceac, Ion
Scopul lucrării constă în evaluarea suficienței garanțiilor constituționale de protecție a dreptului de proprietate privată și identificarea rezervelor pentru sporirea gradului de aplicabilitate directă a normelor constituționale în procesul de realizare a acestui drept fundamental, inclusiv prin eficientizarea accesului direct la contenciosul constituțional.
Dreptul la apă – un nou drept fundamental al omului
(2010) Guceac, Ion
The author establishes the concept of water as a common asset of man and all living. In order to protect this asset the resource management system must consider, ﬁrstly, rational use and, secondly, the repel of all forms of pollution, which in turn would guarantee, in the long run, access to safe drinking water, a source of humanity and dignity. An important step in the materialization of the right to water in the Republic of Moldova is the recognition of the right by means of constitutional review and subsequently the implementation of it. As the author envisions, the constitutionalization of the right to water would guarantee enforcement in subordinate legislation. The constitutional acknowledgement and guarantee of the right to water retains a series of beneﬁcial consequences for society: reinforcement of state liabilities to protect water resources, insurance of efﬁcient protection of the subjective rights related to water, creation of a durable legal framework that will sanction through means of law the prejudice done to water resources.
Dreptul la procreare – varietate de afirmare a drepturilor reproductive ale omului [Articol]
(CEP USM, 2023) Guceac, Ion
The key element of this study builds on the recognition that family and children are of crucial importance for the development of our state. In turn, the state should take enhanced action in order for families to be built and to fulfil their obligations, including ensuring the right to procreate and increasing the birth rate. One of the measures designed to ensure qualitative changes in the demographic aspect is considered to be the promotion of the right to procreation in the legislation of the Republic of Moldova. Given that neither legislation nor policy documents are marked by the role of new technologies in the field of medicine, biological technologies and innovations, nor do they determine certain objectives or actions directly dedicated to the promotion of the right to procreation in legislation, we consider that the legal doctrine of the Republic of Moldova is obliged to support the legislator in the elaboration of scientifically based recommendations and regulations which will ensure the realisation of the right to procreation.
Dreptul la viaţă şi fenomenul morţii cerebrale
(2010) Guceac, Ion
The right to life appears undeniably as the most essential right in the system of fundamental rights and freedoms, protected by international and national law. Starting from the fact that this right has found reﬂection also in the Constitution of the Republic of Moldova, we aim to address an issue less treated in the legal literature-the rights of a brain death persons; the issue of brain death, euthanasia, transplants of organs tapped after such deaths is insufﬁciently discussed in the Republic of Moldova. In this context, the present study brings clarity upon the matter of the rights of a brain dead person. The author envisions that the new biomedical technologies have reached a new level of inﬂuence up on the human body, while also raising awareness on the legal framework for these technologies. It is regretful to acknowledge that the legal framework of the Republic of Moldova regarding measures of protection of physical integrity as well as psychical of a brain dead person is poorly covered. The author emphasizes upon the standardization of the national legal framework regarding brain death with that of the European acquis.
Dreptul pacientului de a nu fi informat [ro]
(CEP USM, 2022-11-10) Guceac, Ion
Drepturile reproductive – drepturi fundamentale ale omului. Abordări doctrinare de ansamblu [Articol]
(CEP USM, 2022-11-10) Guceac, Ion