Facultatea de Drept / Faculty of Law

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    LEGAL FRAMEWORK OF SUBJECTS ENTITLED TO APPEAL THE CONSTITUTIONAL COURT
    (Editura ASEM, 2019-04-24) Zaporojan, Corina
    People's access to constitutional justice is a controversial and very important issue for our country. The legal framework put in place is not as rigid as in other states, as the Constitution does not explicitly provide for the right of referral of subjects. In other words, the purpose of the Constitutional Court can justify the alleged unconstitutionality of the challenged legal act by legitimate, political, moral or circumstantial arguments. In most countries that have implemented the control model of the European Constitution, the constitutional court has opted for the classical constitutional revision of Kelsen, in which the right of referral is granted only to public authorities.
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    GARANTAREA SIGURANȚEI PERSOANEI PRIN PRISMA ASIGURĂRII RESPECTAREA ORDINII ȘI SECURITĂȚII PUBLICE ÎN STAT
    (Chișinău, 2021-10-01) Slusarenco, Svetlana
    The Republic of Moldova implements viable measures to guarantee the country's security and democratic development. Efforts are being made to increase the role of public authorities in the supervision of the activities of institutions in the security and defense sector. The safety of the person is a fundamental social value, the existence of which depends on the state's activity in carrying out its tasks and functions. The concept of safety must be approached, thus, as an essential collective right, closely related to other collective rights, such as social integration, the right to work, to health, to education and to culture. In this context, the safety of the person can be viewed, in general, under two aspects, namely: under the objective aspect and under the subjective aspect.
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    ROLUL ADMINISTRAȚIEI PUBLICE LOCALE PRIVIND GESTIONAREA SITUAȚIEI MIGRANȚILOR
    (2022) Slusarenco, Svetlana
    The migration of people is determined by certain factors, sometimes negative, such as low employment, lack of security, poverty, war, which make people want to move to a new area, that is, forced migration occurs, or factors of attraction, i.e. those positive aspects that attract people to move to a place, for example, good employment opportunities, better services, political stability, safe society, less crime. With the start of military actions in Ukraine, especially Romania and Moldova became a place of refuge for the inhabitants of this state affected by the events in the country. Thus, a large number of Ukrainian migrants took refuge on the territory of the Republic of Moldova. The public authorities were determined to undertake urgent measures in order to integrate the Ukrainian immigrants who arrived in the Republic of Moldova.
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    ROLUL AUTORITĂȚILOR PUBLICE ÎN PROCESUL DE ASIGURARE A DREPTULUI OMULUI LA ACCESUL LIBER LA INFORMAȚIILE DE MEDIU
    (CEP USM, 2023) Punga, Irina; Iordanov, Iordanca-Rodica
    In a democratic society, keeping information about the environ-ment and the impact of activities on the environment secret is unacceptable. The right of access to environmental information is one of the fundamental human rights. In the Republic of Moldova, the right of access to environmental information is a constitutional right. Thus, according to the Constitution of the Republic of Moldova, Art. 37 para. (2), the state has a positive obligation to guarantee to everyone the right to free access to and dissemination of truthful information on the state of the natural environment, living and working condi-tions, the quality of food and household items. The first international agreement to recognise the importance of public ac-cess to information in environmental decision-making is the Aarhus Conven-tion. The Convention recognises that access to environmental information is essential for protecting the environment and promoting sustainable develop-ment. By ensuring access to environmental information, the public concer-ned can make informed decisions about the environment, participate in deci-sion-making processes and hold governments and other relevant authorities accountable for their actions. The right of access to environmental informati-on should be seen both in terms of the public’s right to request information and in terms of the positive obligation of state authorities to actively disseminate environmental information to the public concerned. Public authorities have a crucial role in ensuring public access to environmental information. By collec-ting, storing, and disseminating this information, public authorities can help citizens to make decisions about the environment and take action to protect it. The protection of the right of access to environmental information cannot be achieved without effective mechanisms to protect it. Under the Aarhus Con-vention, parties must establish a national framework for the implementation of the Convention and ensure compliance with its provisions. This framework should include procedures for dealing with complaints and ensuring access to justice in environmental matters. One of the mechanisms for ensuring com-pliance with the Aarhus Convention is the Compliance Committee. Over the years, the Committee has received numerous complaints about the right of access to environmental information, including complaints about the failure of public authorities to provide environmental information in a timely and effective manner. The present study aimed to analyse the role of public authorities in the pro-cess of ensuring the right of access to environmental information through the lens of the decisions and findings of the Compliance Committee and including the problems still faced by individuals and organisations seeking access to environmental information.
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    IMPACTUL E-GUVERNĂRII ASUPRA ACTIVITĂȚII AUTORITĂȚILOR PUBLICE LOCALE
    (CEP USM, 2023) Slusarenco, Svetlana
    The use of information technologies represented a window of opportunity for local authorities to increase initiatives and tools for citizens’ participation and interaction with society. The goal of e-government is to strengthen democracy, which is achieved by guaranteeing citizens’ access to official information, streamlining the activity of public administration, increasing the quality level of public services, increasing the degree of participation of citizens in the governance process. In order to accelerate the development of services offered through electronic government, public authorities must be open to the computerization and technology of public institutions, as well as the inclusion of all social categories as beneficiaries of e-government services.
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    PRINCIPIIlE PROTECȚIEI COPILULUI AFLAT ÎN SITUAȚIE DE RISC ȘI A COPILULUI SEPARAT DE PĂRINȚI
    (2019) Cojocaru, Violeta; Cereteu, Ana
    În Republica Moldova, fiecare copil, conform legislației în vigoare, are dreptul la protecție, aceasta vizând diverse segmente ale creșterii și educării lui. Totuși, copiii pot avea un statut special în dependență de anumite circumstanțe care îl plasează, sau cel puțin ar trebui să îl plaseze sub o protecție specială susceptibilă de suport din partea statului, și care trebuie să fie specială nu doar prin statutul avut, ci și prin măsurile aplicate și acțiunile întreprinse în vederea fie eliminării premiselor care au condus la o astfel de situație, fie la ameliorarea unei stări deja existente și imposibil de a fi corijată.