Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Erhan, IanușSubject: search.filters.subject.human rights

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    Impactul documentelor de politici naționale în domeniul ordinii și securității publice asupra protecției drepturilor omului, caracteristici distinctive și mecanisme de implementare
    (Tipografia Artpoligraf, 2020) Erhan, Ianuș
    The Republic of Moldova is making strong progress in promoting and protecting human rights, including through the ongoing process of bringing national legislation in accordance with international standards, but also through the development and promotion of major human rights policies. The Ministry of Internal Affairs is the central specialized body of public administration, which ensures the implementation of government policy in several areas of responsibility, including those aimed the public order and security, as well as ensuring respect for fundamental human rights and freedoms. At national level, several policy documents with reference to the human rights, as well as those in the field of public order and security contain prescriptions with an impact on them. Thus, in the last period it is stated the fact that most of adopted policy documents in the area of public order and security focus primarily on the protection and respect of human rights, for which reasons we have proposed a brief analysis of them, highlighting the most important features.
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    Statul de drept versus statul poliţienesc – aspecte comparative [Articol]
    (CEP USM, 2023) Erhan, Ianuș
    The legal status of institutions with police powers in the state of the police, has been and still is a fundamental issue on which the democratic or totalitarian nature of a state depends. The democratic functioning of the state of law cannot be conceived outside a regulatory framework, to coordinate the behavior of individuals according to the established type of behavior in society. We know that the Police is the public authority, which implements the policies of the state in the areas of competence entrusted to it, provides state security services, having the primary mission to protect people, respect their rights and freedoms, to enforce the law, achieve the control and prevent crime, maintaining and ensuring public order. It is known that when the principle of the precedence of law does not prevail in a state, the fundamental human rights and freedoms are not protected at the proper level. When the interests of the state are clearly superior in relation to those of the human and these interests are ensured by methods of coercion applied by repressive bodies, such a state is qualified as a policestate, antipode of the state of law, democratic. Therefore, the qualification ,,police state” has a negative significance, in relation to international standards regarding the state of law, fundamental human rights and freedoms and the principles of humanism, social equity and justice. The implementation of Police activities, first, is related to their legal framing in the legal construction existing in a state and making them known to the public. Subsequently, the endowment, development, allocation of necessary resources should not be associated with the tendency of creation/development of the police state, but the most effective implementation of the state’s police law. Likewise, capacity building, giving certain levers, even in a repressive aspect, must be linked to the real needs and problems that exist in society.
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    Fundamentele constituţionale ale domeniului ordinii şi securităţii publice [Articol]
    (CEP USM, 2023) Erhan, Ianuș
    Public order includes all social relations conditioned by society’s needs and which correspond to general interests, regulated by social norms, in order to ensure the inviolability of the person, honor, dignity and other values protected by law. What is related to national public order is established by the state itself, which is sovereign as regards the regulation of social relations on its territory between citizens, between citizens and its authorities, between its authorities. At the level of national legislation, in most European countries, the constitutional act specifies that the exercise of rights and freedoms must not harm public order, the public interest or good morals. Ensuring public order is a social necessity, carried out through specific activities of special bodies – public order forces, which represent authorities holding powers and attributions in matters of public order and who, by law, are given tasks in the exercise of the state’s police right. Thus, public order is the notion, the term, the generalized state that is guaranteed, first of all, by the constitutional norms. In this sense, based on the fact that the Constitution is the fundamental law of the country, all the legal construction that determines the field of public order and security must be consistent with its provisions.