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Onset of the Process of National Justice Modernisation

Author: Oxana Chisari-Lungu
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Scientific adviser: Elena Aramă
doctor habilitat, professor, Moldova State University
Institution: Moldova State University


The thesis was presented on the 26 August, 2016
Approved by NCAA on the 6 October, 2016


Adobe PDF document0.50 Mb / in romanian


CZU 340:115.6:347.99(478)

Adobe PDF document 2.28 Mb / in romanian
170 pages


modernisation, judicial organisation, court instances, Tribunal, magistrates, independence of justice


Thesis structure: Introduction, four chapters, bibliography composed of 310 references. The research results have been presented in 7 publications in the collections of scientific articles and in the specialised scientific journals.

The sphere of study of the Ph.D. Thesis refers to study of onset of the process of national justice modernisation from the historical perspective, with an emphasis on contemporary elements of judicial organisation that were implemented on a step-by-step basis. The character of national justice was attributed basing on the national character of Bessarabian inhabitants, whom the justice had to work for.

Purpose and objectives of the thesis. The goal hereof is to present, relying on regulatory (both published and unpublished) and literary sources, an overall characteristic of the complex processes that took place within the national territory (Bessarabia) in the sphere of judicial system, namely – judicial organisation at the first stage of the contemporary period, in the latter half of the XIXth century – beginning of the XXth century. The objectives followed to achieve this goal were: development of the theoretical concepts and practical models proposed for judicial system reforming in the Russian Empire (a part of which Bessarabia was at that moment) in the middle of the XIXth century and objective assessment of the processes of judicial organisation modification in Bessarabia and of the factors influencing on such modifications, both with regard to advancement in the way of justice modernisation and with regard to limitation of the democratic potential of the theoretical model.

Scientific novelty of the obtained results is reflected in the connexion of various moments within development of judicial organisation, in presentation of the degree of efficacy of regulatory and legal provisions, depending on social and political factors, in a more precise definition of the notion of judicial organisation in correlation to the period under research, and in introduction in the scientific turnover of some unpublished documents from the National Archive of the Republic of Moldova.

The scientific problem solved, determined by the goal and objectives hereof, lies in valuation of the studies based on historical experience within the national territory, during the period of foreign domination (in Bessarabia), as well as in identification of the structural and functional elements of the process of justice modernisation, and of the difficulties occurred during modernisation.

Theoretical significance hereof is determined by scientific novelty and relevancy of the researched theme, but findings hereof may serve for development of some roundup works on general theory of law and history of law, since such findings refer to justice modernisation and results of this process, depending on the state policy in the social and national sphere.

Applicative value hereof lies in presentation of justice in close connexion with social and political events of the relevant period, this expanding the research tools both in the view of doctrines and theory and in the view of practice, since use of such results is able to serve as a guide within the process of improvement and development of actual judicial organisation.

Implementation of the scientific results advanced during conduct of the study was realised within didactical and scientific activities of the author hereof. Such results were presented in the speeches at national and international scientific conferences and in the scientific articles published in specialised scientific journals and collections of articles. They may further serve for improvement and enrichment of the national legal practices and doctrines both in the direction of justice conceptualisation and in the direction of advancement of reforms in justice.