Attestation committee
Accreditation committee
Expert committee
Dispositions, instructions
Normative acts
Nomenclature
Institutions
Scientific councils
Seminars
Theses
Scientific advisers
Scientists
Doctoral students
Postdoctoral students
CNAA logo

 română | русский | english

CNAA / Theses / 2006 / June /

Administrative contentious in Republic of Moldova


Author: Angela Dastic
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:2006
Scientific consultant: Boris Negru
doctor, associate professor (docent), Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 23 June, 2006
Approved by NCAA on the 28 September, 2006

Abstract

Adobe PDF document0.26 Mb / in romanian

Thesis

CZU 342.9(478.9)+342.924(478.9)

Adobe PDF document 0.86 Mb / in romanian
165 pages

Keywords

administrative contentious, specialized instances, damage, damage indemnity, administrative acts, harmed persons, juridical responsibility, national law, community law, administrative litigation, national doctrine, administrative law, civil servant, collective responsibility, pecuniary responsibility, administrative-patrimonial responsibility

Summary

The doctoral thesis is devoted to evolution of the administrative contentious in Republic of Moldova within some aspects, which have been not tackled, yet in specialty literature or they were found into a vague set forth.

In this order of ideas, can be enumerated a lot of juridical institutes and there’s specific features concerning the guarantee of a good activity of the administrative contentious as it continues:

Administrative tutorship and the responsibilities for it’s non-execution; the jurisdictional control of the administrative acts and the magistrate’s responsibility for the illegal judgement of the administrative contentious litigations; the responsibility of public authorities in face of the administrative act which emanates from these bodies, including the dealing with the notion of administrative-patrimonial responsibility.

Insufficient regulations, sometimes accompanied by some collisions in the application of the law norms, or their lack, constituted the starting point in scientific research on this theoretical basement in clearing up the huge spectrum of problems: notions, subjects and objects, their limits for non-execution of the attributions and legal competences, causing the moral damage, the principles of its indemnity.

All mentioned, also a lot of other research aspects presented in given work were inspired from French, Russian, Romanian and other countries doctrine and legislation.

A special place in this work is attributed to the legality of deliberation procedure of the administrative act, responsibility of civil servant in his quality of defendant in an administrative contentious litigation and the join responsibility of the local persons of one’s choice face who can appear after the deliberation of an illegal administrative act

All the conclusions and proposals resulted from scientific research can be benefic for the use in the process of elaboration and modification of the legal frame. The present work can be used as well as a didactical material in the process of education of students at law faculties.