Facultatea de Drept / Faculty of Law
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Item ETAPELE FORMĂRII LEGISLAŢIEI ECOLOGICE ÎN REPUBLICA MOLDOVA: ASPECTE ISTORICE(2007) Guceac, Ion; Ursu, VictorIt is also an axiom that ecology is considered not only as a science, doctrine or concept, but also a very old law source, since it is the law that led relations between human and environment. Norms that are regulating human-nature relations have their sources in different old texts. These texts referred to national protection and appropriation of hunting, fishing, fire protection, and collective protection against natural phenomena. Thus, the old Moldavian law contained a number of rules and institutions concerning average protection of such factors as forest, water, soil, hunting, fishing, etc. In this work the authors will try to systematize formation periods of ecological law in Republic of Moldova, classifying it in three stages. Concomitantly, one tries to analyze these stages in different periods of time, and developing level of ecological legislation.Item ORIGINEA ŞI DIMENSIUNEA CONCEPTULUI „CONTRACT ADMINISTRATIV”(2008) Guceac, Ion; Balmuș, VictorThe theory of the administrative contract, which was widely spread in all the states of the world, developed in the USSR, including the beginning of the XXth century and the inter-war period, and in the East European states up to the installation of the “democratic popular regimes”, then, it stagnated not being supported officially. Only after the changes in the governing of the 1960th of and under the influence of scientific publications of researchers in administrative law of the East European states, in the USSR there were published some results of scientific research in the field.Item INSTITUŢIA PREZIDENŢIALĂ – STUDIU DE DREPT CONSTITUŢIONAL COMPARAT(2009) Guceac, IonIn the light of the constitutional reform that will be undertaken in Moldova we should identify the volume of power of the President and which is the volume of these attributions compared with the other Presidents. For setting up how much the attributions are, they are analyzed in this article, as well as election procedure. In the research is proven that the head of the state, should perform at least three constitutional functions, in the conditions in which there are situations when these powers are extended. The minimal functions of the heads of state shoul be: symbolic function, guarantee of the constitution and the function to maintain the balance of power in the state.Item CONSTITUŢIONALISMUL, DEMOCRAŢIA ŞI LIBERTATEA – VALORI ALE SOCIETĂŢII DESCHISE(2009) Guceac, IonConstitutionalism, 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.Item ORIGINEA ŞI DIMENSIUNEA CONCEPTULUI „CONTRACT ADMINISTRATIV”(2009) Guceac, Ion; Balmuș, VictorThe theory of the administrative contract, which was widely spread in all the states of the world, developed in the USSR, including the beginning of the XXth century and the inter-war period, and in the East European states up to the installation of the “democratic popular regimes”, then, it stagnated not being supported officially. Only after the changes in the governing of the 1960th of and under the influence of scientific publications of researchers in administrative law of the East European states, in the USSR there were published some results of scientific research in the field.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.