Facultatea de Drept / Faculty of Law
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Item ORGANELE VAMALE – ASPECTE CONCEPTUALE: NOŢIUNE, COMPETENŢE LEGALE ŞI PRINCIPII DE ACTIVITATE(2012) Erhan, Ianuș; Cârnaț, TeodorIn the context of market economy, the State performs the regulation of external economic activity in order to ensure economic security and national and public interests. The state administration activity on the regulation of external economic activity, It is performed in almost all countries of the world, but the volume, forms and methods, concrete purposes and tasks are determined by the State relying on its internal and external policy, and not least the customs policy of the State. Today it is universally recognized the fact that as one of the institutions of customs realization represents customs administrations, as part of the custom system. They differ from one State to another Depending on the organizational structure, commercial and customs policy that they practiced, but in most of the States in which they are organized, they have similar functions and are in a constant search of best practices in order to implement the activities in their work. The deployment of activity of customs administration reflects the achieve of very important purposes for our country’s customs policy, ensuring efficient use of instruments of customs control and the regulation for the exchange of goods on customs territory and outside it, protecting the internal market, stimulating the development of national economy, promoting organizational restructuring, and the other objectives of State policy. At the same time, scientific analysis of conceptual issues relating to customs administration such as: notion, legal skills and principles of activity presents itself as a priority in the field of research with a view to understanding the mechanism of activity of these organs of administration, of its role and prospects of development.Item ATRIBUŢIILE ORGANELOR VAMALE ÎN DOMENIUL IMPLEMENTĂRII POLITICII VAMALE A STATULUI(2012) Erhan, Ianuș; Cârnaț, TeodorAs instruments of customs policy are, firstly, legislation and international agreements, customs tariffs and non-tariff measures system (licensing, quotation, contingency) which are applied primarily based on the requirements and international standards. All of these measures are related between them and form the customs procedure applicable in a State, as a set of provisions, determining the status of the goods and vehicles crossing the customs border. In this respect, the customs activity in the implementation of the customs policy of the State is quite varied, constituting the core of the activity of the customs and it covers the entire spectrum of activities related to clearance of goods and vehicles crossing the customs border. However, recently we see a development of new fields of customs, such as risk analysis, postclearence audit , intellectual property protection, etc.Item DREPTUL ACHIZIŢIEI PUBLICE CA INSTITUŢIE SAU CA SUB-RAMURĂ A DREPTULUI ADMINISTRATIV(2023) Postolachi, Oxana; Cârnaț, TeodorPrin mecanismul de achiziţii publice se asigură procurarea în mod transparent şi echitabil a bunurilor, executarea de lucrări sau prestarea de servicii pentru necesităţi publice fie de nivel central, fie de nivel local. Obținerea unui sistem eficient și credibil de achiziții publice reprezintă unul dintre elementele importante în dezvoltarea unor servicii publice de calitate. Reglementarea de stat a domeniului achiziţiilor presupune activitatea unor autorităţi publice competente, în temei executive, privind regulile, standardele și cerințele după care se efectuează procedurile de achiziţie publică. În calitate de autoritate competentă principală în domeniul achiziţiilor publice apare Agenţia Achiziţii Publice (AAP), care este o autoritate administrativă în subordinea Ministerului Finanţelor, constituită în scopul efectuării supravegherii, controlului ex-post şi coordonării între ramuri în domeniul achiziţiilor publice. Dreptul achizițiilor publice este subordonat dreptului administrativ. Cercetarea noastră presupune încadrarea dreptului achizițiilor publice ca instituție sau ca sub-ramură a dreptului administrativ în funcție de aspectele evolutive ale acestuia în timp.Item CONSTITUȚIONALIZAREA PRINCIPIULUI LOIALITĂȚII CONSTITUȚIONALE(CEP USM, 2022-03-17) Sfătoiu, Mihaela; Cârnaț, TeodorThe principle of constitutional loyalty is of interest both nationally and internationally, since loyalty to the values, rules and principles set out in the Constitution must be, both in theory and in practice, a very solid connectivity element in the relations between the various public authorities. In Romania, the principle of constitutional loyalty is not expressly mentioned in the Constitution. The Constitutional Court of Romania has deductively interpreted the obligation of constitutional loyalty from a principle expressly provided for in the Fundamental Law – the separation and balance of powers in the state. Nor does the Constitution of the Republic of Moldova contain express provisions of this principle. Its treatment brings into question the existence of the “constitutionality bloc” in the Republic of Moldova.Item APARIŢIA, DEZVOLTAREA ŞI DEFINIREA CONSTITUŢIONALISMULUI CONTEMPORAN DIN REPUBLICA MOLDOVA(2007) Cârnaț, TeodorThe notion of constitutionalism represents an exertion of the acts of all state and non-state institutions according to basic human rights within the conditions of equality in rights, legal security, effective protection of rights, and separation of state powers and exclusion of all forms of discrimination. Therefore, the main gaps of contemporary constitutionalism of Republic of Moldova seem to be the poor training of legal conscience, the important difference between legal constitutional theory and practice of realization of constitutional ideas in legal norms. At the same time, constitutionalism is a social phenomenon in continuous evolution, which should be studied according to specific features of historical evolution of each nation. The present stage of the constitutionalism in Republic of Moldova has begun with the adoption of some acts of historical importance on sovereignty, independence, power and, not in the least, the Constitution of Republic of Moldova of the 29th of July 1994.Item EGALITATEA ÎN DREPTURI – CONDIŢIE PRIMORDIALĂ A STATULUI DE DREPT ÎN GARANTAREA NONDISCRIMINĂRII(2007) Cârnaț, Teodor; Cobăneanu, SergiuEquality as constitutional principle is when people can equally use all the rights stipulated in the Constitution and other in force laws, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, everyone can equally participate in political, economic, social and cultural life, without discriminations, equally treated by all the public authorities and citizens. The principle of equality requires for equal situations to be applied an equal legal treatment, same as, implies the right to differentiation in legal treatment, because once the equality is not natural, imposing an equal treatment would lead to discrimination. In other words, to equal situations should correspond an equal legal treatment and to different situations – the treatment should be different.Item NATURA JURIDICĂ A RAPORTULUI DE SERVICIU APLICABIL FUNCŢIONARILOR PUBLICI DIN ROMÂNIA(2008) Cârnaț, Teodor; Viorescu, RăzvanThe Law No. 251/2006 (and the related secondary legislation) amending the Law No. 188/1999 represents an important stage within the legislative development in the field of civil service and civil servants. The legal framework had also been improved through adoption of the Law no. 161/2003 on certain measures for ensuring transparency within the exercise of civil service positions, public dignities and the business environment, prevention and sanctioning of corruption. The distribution of civil servants between central and local levels of administration has been changed.. The Law No.251 of 23 June 2006 to amend the Law No.188/1999 as to the Status of the civil servants. Extensively amends the said Law No.188/1999 that is going to be republished with up to date modifications and having its articles renumbered. The amendments deal with the scope of action of the amended law, with the definition of the public function and of the public servant, with the classification of public functions, with the appointment of the public servants and with the conditions to be met by candidates to the public functions, with the assessment of the individual professional performance, with the right of the public servants to affiliate with trade unions and with their right to strike, with the continuous improvement of their professional performance, with their promotion, with their legal responsibility, with the disciplinary action against them, with the ceasing of the work relation and with several other provisions specific to the matter.Item ASPECTE TEORETICE ŞI PRACTICE ALE PROTEJĂRII DREPTURILOR OMULUI ŞI ELIMINAREA DISCRIMINĂRII PRIN INTERMEDIUL ORGANIZAŢIILOR OBŞTEŞTI(2008) Cârnaț, Teodor; Guceac, IonIn 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.Item PROTECŢIA ÎMPOTRIVA DISCRIMINĂRII ÎN PROCESUL REALIZĂRII DREPTULUI LA MUNCĂ(2008) Cârnaț, Teodor; Guceac, IonWithin the definition of the right to work there are included: freedom of choice of occupation, freedom of choice of employment (meaning the possibility of the citizen to carry out a freely chosen or accepted job in the economic, administrative, legal, social or cultural fields according to its education – an opportunity guaranteed by the State); work remuneration; unemployment aid; safety and hygiene working conditions. Thus, the right to work encompasses the right to protection, safety and hygiene of work, involving the life and health insurance of the worker during the service performance, accident prevention, and professional decays, taking special measures for women and youth protection and security.Item PROTECŢIA ÎMPOTRIVA DISCRIMINĂRII ÎN PROCESUL REALIZĂRII DREPTULUI LA ÎNVĂŢĂTURĂ(2008) Cârnaț, Teodor; Guceac, IonThe right to education includes the guarantee of: primary compulsory education; a free and accessible education to all; general secondary education accessible and free to all; higher education accessible to all, in full equality; material needs for carrying out a modern and efficient education process (competent teachers, laboratories, libraries, educational materials, etc.). All these imply correlative and firm obligations of the State for the development of all the levels of education, in order to ensure an appropriate system of grants, and improving the material conditions of teaching staff.