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CNAA / Theses / 2012 / July /

The problems of realization of the person’s rights to govern in a state of law (legal and comparative analysis)

Author: Scripnic Veaceslav
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Scientific adviser: Victor Balmuş
doctor habilitat, professor, Institute of History of the ASM
Institution: Institute of History of the ASM


The thesis was presented on the 6 July, 2012
Approved by NCAA on the 9 October, 2012


Adobe PDF document0.28 Mb / in romanian


CZU 342(043.3)

Adobe PDF document 0.87 Mb / in romanian
170 pages


ight to govern, electoral rights; mandatory vote; electoral absenteeism; civil participation, transparent decision, participative democracy, public administration, public function


Thesis structure: introduction, 4 chapters, general conclusions and recommendations, bibliography consisting of 278 titles, appendixes, 136 pages of basic text.

Number of publications on the thesis topic. Conclusions and statements have been published in 12 scientific papers.

The field of study: Constitutional Law

The Goal and the objectives of the thesis. The main purpose of the thesis consists in a complex study of regulations and practices concerning the way of realization of person’s right to govern in a state of law. The most important objectives are: to analyze current scientific research wich provides the realization of the person’s right to govern in a state of law; to study completely the normative aspect of the implementation of the person’s right to govern and to highlight the national legislation gaps in this field; to present the current stage of representative democracy in Republic of Moldova, being under analysis the problems regarding electoral rights in European Union; to highlight juridical reglementation on mandatory vote in other countries; to analyze the causes of electoral absenteeism and to submit a comparative study of participative democracy realization in the frame of European Union and USA; to investigate the concept and sense of civil participation’s right to govern and its relevance in building a participative and functional democracy; to investigate current situation of decisional transparency in Republic of Moldova; to investigate the legal framework of legislation in domain of access to the information of public interest and of citizens participation in decision process; to mention the role of civil society and the ways of its participation to the decision process.

The scientific novelty and originalityof obtained results is that it is based on the theoretical and practical study of the implementation of person’s administration rights in a state of law, being among the first works of this kind. Elements of novelty may be found in the context of conclusions and recommendations realised by the author in the domain of person’s right to govern, and ultimately to harmonize Moldova’s laws with good practices and regulations of the European Union.

The main scientific solved problem of this thesisis the systemic and multi-aspectual approach to the scientific issues of every person’s right to govern in a state of law.

Theoretical and practical significance of the thesis. The present thesis can become a useful scientifical and practical support for non-governmental organizations and social policy makers within central and local public administration at any level, in the juridical and professional educational training and long-term professional learning, for the popularization of juridical knowledge and in the process of scientific research.

Implementation of the scientific results. The implementation of recommendations would bring real improvements to citizens law’s protection and constitutional freedom, would boost citizens participation and would establish a real participative democracy.