Facultatea de Drept / Faculty of Law

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    PARTICULARITĂȚI PRIVIND ANALIZA NATURII JURIDICE A DREPTURILOR ŞI LIBERTĂŢILOR FUNDAMENTALE ALE OMULUI
    (USEM, 2021-12-03) Ceban, Cristina; Zaharia, Virginia
    The study design, we aimed to research the legal nature of the rights and freedoms of the human being, because of the issue of human rights has been, is, and will always be in the spotlight, and it will be the object of concern of the experts in the field of law, political scientists, sociologists, politicians, and the whole of the companies, given the fact that human rights have become one of the central ideas of the day that tend to be accepted by all the countries of the world, beyond the differences in the historical, cultural, and economic factors.The purpose of this research is to carry out a comprehensive analysis of fundamental human rights and freedoms. The field of human rights is a widely discussed topic of vital importance to every state. According to them, their observance leads to a prosperity of each state, to a liberation and tranquility that dominates the whole world. In the process of drawing up this article, methods were used: logical, analytical, comparative.
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    REFLECŢII PRIVIND ATRIBUŢIILE ESENŢIALE ALE AVOCATULUI POPORULUI (OMBUDSMANULUI) ÎN REPUBLICA MOLDOVA
    (Î.S. Combinatul Poligrafic, 2020-05-22) Zaharia, Virginia; Luca, Ala
    The institution of the Ombudsman aims at guaranteeing the observance of the individual’s rights, in the conditions of the obvious mixing of the administrative system, fulfilling a function of mediation, of protection of the citizen, imposing it as a de facto authority. At present, the Ombudsman designates the symbol of a democratic state, the essence of which expresses the development of the citizen’s welfare, the defense of individual freedoms, constituting a symbol of the democratic state whose essence expresses the development of the citizen’s welfare, protection of fundamental rights and freedoms.
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    ABORDĂRI CONCEPTUALE CU PRIVIRE LA CETĂȚENIE PRIN PRISMA PROTECȚIEI DIPLOMATICE A NAŢIONALILOR ÎN DREPTUL INTERNAŢIONAL PUBLIC ŞI ASIGURAREA DREPTURILOR OMULUI
    (Complexul Editorial INCE, 2018-09-13) Zaharia, Virginia; Luca, Ala
    The institution of diplomatic protection serves for certain essential purposes to the international community, representing a right of the state to act by diplomatic and peaceful means in order to protect the interests of its citizens abroad, who have been prejudiced or their fundamental rights have been violated. In the area of diplomatic protection, the link to citizenship implies the involvement of several elements, including the attribution of citizenship as the connection between the individual and the state (birth or naturalization). Public international law operates in two ways of acquiring citizenship: the acquisition of the nationality by birth and the derived acquisition, such as the acquisition of citizenship of a state on demand, or the acquisition of citizenship in the case of successions of states. For the purpose of diplomatic protection, birth and naturalization - are generally accepted and sufficient links for granting citizenship.
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    ANALIZA DOCTRINARĂ PRIVIND NATURA JURIDICĂ A CETĂȚENIEI
    (CEP USM, 2021-12-08) Deleanu, Ruslan
    The legal nature of the citizenship represents a distinct compartment, within the constitutional doctrine, of the exposition of citizenship as a status or legal condition of a person. The article will bring arguments in favour of the causal link between the legal nature of citizenship and the right to regain citizenship by recognition in general, and in the case of regaining Romanian citizenship by Moldovan citizens in particular.
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    THE ANATOMY OF A DOCTRINAL ENTHUSIASM TURNED INTO NATIONAL DESPAIR
    (2022) Ciobanu, Rodica; Aramă, Elena
    The 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.
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    DREPTUL DE VOT - GARANŢIE CONSTITUŢIONALĂ ŞI PRACTICI
    (2019) Arseni, Alexandru
    Suveranitatea naţională, stipulează textul constituţional, aparţine poporului Republicii Moldova care o exercită şi prin organele sale reprezentative. Iar organul reprezentativ suprem al poporului este parlamentul. Temeiul legitim al activităţii Parlamentului este voinţa poporului, voinţa care constituie baza puterii de stat. Această voinţă constituţional se exprimă prin alegeri libere, care au loc în mod periodic prin sufragiu universal, egal, secret şi liber exprimat. Deci, sursa puterii de stat este exercitarea de către fiecare cetăţean a dreptului său exclusiv politic, drept natural şi inalienabil.