Facultatea de Drept / Faculty of Law
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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 LIBERTATEA DE EXPRIMARE. FORME SPECIFICE DE REALIZARE ÎN PERIOADA CAMPANIEI ELECTORALE(Tipografia Artpoligraf, 2019) Guceac, IonThe starting point of the present scientific article is the conditions that justify and stimulates the realization of freedom of speech. The free man has the possibility to express his will and take appropriate action, the limits of which are guaranteed by law, this being possible just in a society in which the public order is protected by the public authorities. The proclamation of freedom in constitutions is a fair value for all citizens without exception, regardless of their role and place in society. Freedom of speech is treated as one of the most important tools for the protection of all human rights and the stability of democracy, whereas it makes it possible to subordinate government activity to the objective need of society. The normative regulation of the rules for conducting the electoral agitation is done by setting the deadline for the realization of the electoral agitation; the conditions of participation of citizens and other subjects of electoral law in electoral agitation; prohibitions and restrictions in the process of electoral agitation; the responsibility for violation of the established procedure for the realization of electoral agitation, etc. In order to ensure a legal and civilized character of the electoral competition and to exclude, or at least, to diminish the cases of legal provisions violations, some prohibitions and restrictions are described in the article. In conclusion, the author presents some aspects which reflect the theoretical and practical problems of the freedom of speech realization process during electoral campaigns.Item DETERMINANTE ALE LIBERTĂŢII POLITICE(Artpoligraf, 2021) Guceac, IonThis article examines the various aspects of the term „freedom”. As a result of the interdisciplinary study, a series of defining features of freedom were formulated. Some forms of manifestation of freedom have been identified and described, the emphasis being on political freedom as one of the forms of manifestation of social freedom. A special place is given to the problem of interpreting the notion of determinants of political freedoms and the forms of their manifestation (psychological attractiveness of freedom, spontaneity, and property). Based on the analysis, it was established that political freedom materializes and becomes a real possibility for members of society through fundamental political rights.