Facultatea de Drept / Faculty of Law
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Item Constituţionalizarea dreptului la apă potabilă de calitate [Articol](Editura USM, 2025) Guceac, Ion; Gojan, ValeriaToday, 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.Item Principiile fundamentale ale sistemului economic al Republicii Moldova [Articol](Editura USM, 2025) Guceac, Ion; Garştea, NinaThe economic system is an essential component of any society, which determines the efficiency and perspective of economic relations, the management of production factors, including land, capital, labor and physical resources, by establishing a legislative system that regulates economic activities in the state, considering the values and trends of a society. The constitutional principles of the economic system have the prerogative to ensure the legal and institutional basis for carrying out economic activity in the spirit of equal rights, transparency and sustainability, with the aim of promoting sustainable development, innovation and social equity, improving justice and increasing general well-being, by establishing efficient mechanisms for the administra- tion and exploitation of resources and the distribution of its revenues. Thus, the importance and topicality of this research derives from the key role of the constitutional economic system, as a tool for shaping the economic structure and guaranteeing governance through the prism of the country’s economic interests. In essence, the constitutional economic system represents the legal and institutional framework that regulates the functioning of the economy in a state. This system establishes the fundamental principles and basic rules that guide economic activity, thus ensuring a balance between private and public interests, between economic freedom and social responsibility.Item Constituţionalismul în Republica Moldova: multidimensionalitatea percepţiei şi previziunea oportunităţilor [Articol](Editura USM, 2025) Guceac, IonThe 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.Item Enunţarea juridică a preceptului solidarităţii sociale ca principiu fundamental al constituţionalismului(CEP USM, 2024-11-07) Guceac, IonIn this article the doctrine of social solidarity is associated with the evolution of all the fundamental principles of constitutionalism. it is found that despite the consecration of this principle in some constitutions, this trend being motivated by a set of reasoning, its unmediated reflection has not yet acquired a widespread. Some constitutions proclaim solidarity as a universal general principle, goal or objective of society, the state and the constitution itself. Sometimes the principle of solidarity is formulated as one of the ideological foundations of the legal status of man and of the citizen. The principle of social solidarity is also mentioned in the constitutional regulation of social relations and institutions. Some constitutions declare solidarity as one of the aims of the educational system. Constitutions shall also grant, a remarkable importance of solidarity in the framework of the regulation of conditions for ensuring cultural identity Solidarity is also proclaimed in several constitutions as a principle of the foreign policy of the respective states, or as a principle of territorial administrative organization. Regarding the Constitution of the Republic of Moldova, it is assessed that it does not operate with the notion of social solidarity and does not contain provisions to ensure such an important objective of society. in this situation, it is recommended to supplement the Constitution with rules on social solidarity and ways to ensure it. Finally, it is found that the primary task of the science of constitutional law is to design such a model of constitutionalism that has as major premise the dynamic development of a state capable of promoting peace and social cohesion as necessary conditions for the upward development of society.Item Echitatea socială – obiectiv primordial al Parlamentului Republicii Moldova [Articol](CEP USM, 2024) Guceac, Ion; Cuciurca, DoinaThis study describes several issues related to the role of parliaments in improving governance, particularly in public service delivery and poverty reduction. Drawing on functions of representation, lawmaking and control, parliaments are uniquely positioned to understand and control the impact of poverty and to serve as a bridge between government, the private sector and civil society. The role of Parliament in planning strategies to combat poverty, promoting active social participation in economic development, is highlighted. Parliamentarians can contribute to national efforts to reduce poverty by studying and highlighting the results of the fight against poverty, participating in the creation of a new initiative to eradicate it, and providing oversight during the implementation of government programs. As circumstances that attribute to parliaments the key role in combating poverty are mentioned: the representation of the electorate and its interests; adoption of current legislation to support development; parliamentary control over the activity of the executive - its effectiveness and responsiveness to the needs of members of society, especially the poor.Item Actualizarea reperelor normative naționale inerente statului social [Articol](CEP USM, 2024) Guceac, IonThe 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.Item Congruența solidarităț ii sociale cu responsabilitatea reciprocă a individului și a statului(CEP USM, 2024) Guceac, IonThe 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.Item Drepturile somatice. Concepte fundamentale(CEP USM, 2023) Guceac, IonNecesitatea abordării acestui subiect este determinată, în mare măsură, de interesul modest al oamenilor de știință moldoveni pentru drepturile somatice. O dificultate este și absența prevederilor dedicate acestor drepturi în conținutul legislației naționale. În aceste împrejurări, noutatea subiectului abordat este evidentă, mai ales pentru spațiul local de cercetare în domeniul științelor juridice. În acest context, relevăm necesitatea succesiunii de la studiul fragmentar la o analiză cuprinzătoare și fundamentală a problematicii drepturilor somatice, pentru identificarea nu numai a soluțiilor științifice, ci și a celor normative.Item Asigurarea obligatorie de asistență medicală – mecanism de garantare a dreptului fundamental la ocrotirea sănătății(Bălți, 2022-10-19) Guceac, IonThe 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."Item Sistemul legislativ şi cadrul instituţional pentru conservarea şi utilizarea durabilă a biodiversităţii [Articol](CEP USM, 2023) Guceac, Ion; Trofim, AlinaSociety has a solemn duty to protect and improve the environment for present and future generations, human existence depends on this. These can be achieved by valorizing waste or taking actions to change the mindset on intelligent economic or other uses of nature’s elements, which will make sustainable use of biodiversity. Conservation addressed at the educational, legislative and biotechnological level is strictly necessary to preserve the diversity of living organisms.