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The delinquency responsibility as a method of state constraint in law order insurance domain


Author: Comarniţcaia Elena
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
Year:2013
Scientific adviser: Victor Guţuleac
doctor, professor, Free International University of Moldova
Institution: Free International University of Moldova
Scientific council: DH 34-12.00.02-05.10.11
Free International University of Moldova

Status

The thesis was presented on the 21 September, 2012
Approved by NCAA on the 14 June, 2013

Abstract

Adobe PDF document0.35 Mb / in romanian

Keywords

contravention of law, delinquency, constraint method, delinquency responsibility, sanction, passive person of delinquency responsibility, discernment

Summary

The thesis’ structure: content, introduction, three chapters, general conclusions and recommendations, bibliography from 187 sources, body text 141 pages. The findings of investigation are published in 15 scientific works.

The field of study: the administration in law enforcement field.

The work purpose: the determination of delinquency responsibility’s role and place in the system of state constraint methods applied in law order insurance. To achieve this purpose, the following objectives must be obtained: the analysis and consciousness of constraint methods; the analysis of scientific investigation findings concerning the delinquency responsibility matters.

The scientific novelty and originality.The thesis represents a thorough investigation of the juridical device concerning the delinquency responsibility as a method of state constraint in law enforcement field and the practice of its application, it presents a pragmatic approach of delinquency responsibility, its role and place in law order insurance, emphasizing the inconsistencies and the legislative demands which influence the efficacy application of the given method in the counteraction of the contravention phenomenon.

The settles scientific problem is conditioned by the fact that in doctrine both the delinquency responsibility as a form of juridical responsibility and state constraint in law order assurance and the juridical device of sanction application presents vague and contestable aspects that require an essential definition both for the national juridical doctrine and other states.

The theoretical significance is manifested in: the determination of delinquency responsibility definition and its characteristics; the establishment of administrative-juristic state dependency of the trespasser’s illicit and his quality at different stages of the contravention procedure. The applied value of work. Introducing the proposal of changing the Code about the contribution on the applied system improvement of delinquency responsibility.

The implementation of investigation results. From our point of view, some of the theoretical conclusions will be helpful to the national juridical doctrine on permanent perfection of law branches, such as: “General theory of law” and “Administrative law”, the fixation of “Contravention of law” as a distinct branch of the national system of law.