Facultatea de Drept / Faculty of Law
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Item CONSTANTE ȘI VARIABILE ÎN MĂSURAREA EFICIENȚEI MECANISMELOR DE PROTECȚIE A DREPTURILOR OMULUI(CEP USM, 2024) Ciobanu, RodicaThis article introduces in a generalizing and argumentative form of the need for methodological consistency in the implementation of state legal policies in the field of human rights. The content of this article is based on research carried out in recent years, which has been oriented towards defining the means of ensuring the effectiveness of human rights protection mechanisms. The human rights are seen as a fundamental need and a benchmark for the degree to which people perceive their own human worth.Item THEORETICAL-METHODOLOGICAL FUNDAMENTALS OF ANALYSIS OF HUMAN RIGHTS GOVERNANCE(2019) Ciobanu, RodicaThis article deals with the essential dimensions in which theoretical approaches are carried out, as well as the methodological ones of government research in relation to the processes of modernization and democratization of societies, with priority given to the protection of human rights. Considered an essential dimension of contemporaneity, democratization cannot be treated outside government. That is why the basic sources used outline the common areas of analysis and circumscription of social and state realities in the direction of facilitating the transition process to the standards of good governance. Thus, through the scientific discourse of the government focused on the protection of human rights, the aim is to identify long-term solutions in order to establish in the conditions of the Republic of Moldova good practices in the person-state-law relationship.Item DREPTUL ŞI DREPTURILE OMULUI PE TIMP DE CRIZĂ: O ECUAȚIE CU MULTIPLE NECUNOSCUTE(CEP USM, 2021-12-08) Ciobanu, RodicaToday, human rights, the rule of law, and crises have increasingly become topics of discussion in the public, professional and scientific arenas. In this article, an interdis- ciplinary methodological perspective is used to analyze and understand modern crisis phenomena and how it is possible to make the transition from normality to the preser- vation and conservation of the value foundations of pre-crisis societies. Furthermore, the article offers some answers, from the author’s perspective, on how the crisis shapes law and rights, but also through constructive approaches offers some possible answers for the transition and the modernization of governance.Item THE ANATOMY OF A DOCTRINAL ENTHUSIASM TURNED INTO NATIONAL DESPAIR(2022) Ciobanu, Rodica; Aramă, ElenaThe concept of the rule of law was a rather new one for the former socialist states, including the Republic of Moldova, but it was a necessity since the fall of the totalitarian regimes in the early 1990s. Until then, there was a broad range of scientific studies on the rule of law in Western literature. The domestic doctrine took up the rich Western scientific sources with enthusiasm and without stepping down the democratic character of the rule of law, emphasized the individual’s freedom as a key element, even though the rule of law implies many other defining features. This undue optimism on the possibilities of the institutions to guarantee the rights and freedoms of individuals has not been accompanied by an analysis and a review of the staff of those institutions that should have promoted a new approach of the relationship between the citizen and the state and, as a result should have put themselves in the service of society, to protect citizens. The researchers left out the question of the quality of the human factor, the human resources that originated in a society where everything was controlled by the Communist Party bodies and proceeded to work within a society where nothing (or almost nothing) was subject to society’s control. The independent media was established later, mostly as a response to the communist’s arrival to power (in 2001). Article developed within the Project "Modernisation of Governing Mechanisms Focused on the Protection of Human Rights”, cipher 20.80009.1606.15 in the Scientific Research Laboratory "Compared Public Law and e-Government”, Law Faculty, Moldova State University.Item INTEROGAȚII ASUPRA DREPTĂȚII DIN PERSPECTIVA DREPTURILOR OMULUI ÎN CONDIȚIILE SOCIETĂȚII GLOBALE(CEP USM, 2018) Ciobanu, RodicaThe current situation questions the different aspects of the human existence in transition societies and the efforts made to establish a state with democratic values. Under these circumstances, the issue of social values comes back into the debate. Accordingly, justice, equality and human rights are undergoing a review both from a theoretical point of view and from the perspective of the empirical evidence experienced by the individual. Thus, the article reviews the value of the key concept of justice in reference to the current global social realities.Item CONDIȚII DE MODERNIZARE A GUVERNĂRII AXATE PE PROTECȚIA DREPTURILOR OMULUI ÎN REPUBLICA MOLDOVA(Tipografia Artpoligraf, 2021) Ciobanu, RodicaThe article analyzes the needed benchmarks to modernize the governance in the Republic of Moldova aimed at protecting human rights through a dual perspective: of the current standards of governance, especially the respect for the rule of law and the citizens’ requests for the governmental body and their consent. The main focus of the research is on issues of guvernment modernization, framed to identify the necessary settings to be met in order to guarantee the right of the citizens of the Republic of Moldova to good governance.Item O HERMENEUTICĂ A DREPTURILOR OMULUI ÎN CONDIȚIILE SOCIETĂȚII INFORMAȚIONALE(Tipografia Artpoligraf, 2019) Ciobanu, RodicaThe issue of human rights in the formula announced by the conference aim puts together in a whole the social realities, different disciplines that overlap, and actual issues that have encountered in this problematic context to consistently address the announced subject, under the conditions of a social, political and legal environment of unquestionable complexity. In the European space and beyond, the states have tried to adopt European standards of human rights protection (the European Convention on Human Rights) through two stages: one of enthusiasm, another of realism, because we must not forget that the respect for rights, as well as democracy „is ultimately a deeply human initiative”. Thus, in the conditions of knowledge-based society, cutting-edge technologies, and globalization, the human rights issue has re- become one of absolute novelty as if only today it has begun to be capitalized, even if it is at its 70th anniversary. The subject of human rights - that is, their intellectual foundation and ensuring their compliance - is central to today's reality. Therefore, in the content of this article, once again demonstrating that the issue of human rights has not been exhausted, losing its actuality, and even more, it has returned with a great deal of acuity, we identify two approaches: a retrospective-reflexive, another prospective explanatory of the human rights situation in current social practices. Consequently, we deduce and argue the relevance of social and human hermeneutics to human rights, as well as the identification of the scientific framework in which it is found.Item PERSPECTIVE ALE UNEI ABORDĂRI DE TIP INTEGRAT ÎN TRATAREA GUVERNĂRII ȘI A DREPTURILOR OMULUI(Artpoligraf, 2021) Ciobanu, RodicaIn many parts of the world, societies are exploring different ways to promote and strengthen democratic governance, often jeopardized by violent conflicts, the disappearance of authoritarian regimes, and crises (political, economic, pandemic), despite this, human rights and governance concerns transcend national borders. Consequently, this research focuses on governance in association with the respect for human rights, building upon the previous studies that emphasize the democratic institutions’ importance to achieve good governance, able to provide the best tools and mechanisms for legal and social protection. Therefore, democracy is understood not only as an end in itself, but also as a mean to secure rights (economic, political, and social). Thus, to analyze the governance mechanisms focused on the protection of human rights, it is necessary to include another concept, as democratization. Moreover, in a true democracy, the participation, dialogue, consensus, transparency, accountability, and the rule of law make the state more representative and able to respond adequately to the concerns of its citizens, and we believe that these conditions are indispensable to increase the respect for people and their rights, similar to the Kantian formula according to which a human beiing should be the main goal. Thus, addressing the issue of governance mechanisms with the focus on human rights, considering the broadness and the importance of the issue, requires comprehensive approaches, comprising the interdependencies between the institutional and human dimensions, between civil, cultural, economic, political and social ones, and between what it is and what should be.