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CNAA / Theses / 2016 / May /

Ensuring the legality of administrative acts and facts assimilated to them


Author: Cojocaru Ion
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:2016
Scientific adviser: Ştefan Belecciu
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 12 May, 2016
Approved by NCAA on the 5 July, 2016

Abstract

Adobe PDF document – 0.48 Mb / in romanian

Thesis

CZU 343.35(043.5)

Adobe PDF document 1.40 Mb / in romanian
166 pages

Keywords

public administration, administrative act, administrative act of authority, administrative act of management, judicial administrative act, administrative fact, administrative operations, administrative procedure, the legality of the administrative act, the opportunity of the administrative act, control of administrative acts

Summary

Dissertation structure: Doctoral dissertation in law contains: introduction, four chapters, general conclusions and recommendations, bibliography of 126 pages of scientific text. The scientific results are published in five scientific articles.

Study domain: Administrative Law

Goal of the thesis consisits in the comparative study of doctrinal concepts of national legislation and of legislation of other states regarding the administrative acts, the drafting, adoption, issuance and execution way of these, the classification and characteristic features of administrative facts and operations. Research objectives: to emphasize the theoretical and practical issues related to the administrative acts and facts ,to report the existing gaps in legislation and to provide effective solutions, which would be consistent with international standards and which would correspond to the legal provisions of our state. The optimization of the legislative framework regarding the drafting, adoption /issuance and enforcement of administrative acts represents a premise in establishing a coherent non-contentious administrative procedure.

The scientific novelty and originality. The thesis contains a deep scientific analysis of administrative acts and facts, of their specific features; a research of the form and of the procedure for administrative acts issuing, as well as of the legal effects, of the legality, opportunity and efficiency control of administrative acts.

Solved important scientific problem consists in scientific substantiation of the theoretical and practical issues related to the administrative acts and facts assimilated to them that allows to the theorists and practitioners to identify the existing gaps in the legislation in ensuring the legality of the administrative acts, as well as the legal regime of the administrative facts assimilated to the administrative acts in order to provide effective solutions in ensuring the legality in the process of drafting, adoption/issuance and execution of administrative acts, which would be consistent with international standards and would correspond to the national legislative provisions.

Theoretical significance of the study consists that the conclusions and opinions obtained in the conducted study, exposed in the doctoral dissertation will bring beneficial contributions in depth knowledge of the public administration system of Republic of Moldova in general, as well as of the main form of activity of public administration bodies – drafting adoption / issuance and enforcement of administrative acts in particular.

Applicative value of the study. The obtained results can serve as landmarks on proposals and recommendations that it contains, they will bring beneficial contributions to the effort of the state authorities to rally the Moldovan legislation to European standards, in order to improve the quality of legislation in the administration sphere as well as in the sphere of non-contentious administrative proceedings.

Implementation of the scientific results can be transposed into the legislation in force, as well as in practical activity of representative bodies of the state, of local and central public administration, in order to strength their role in the development of participatory democracy in the state.