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The state's role in promoting and guaranteeing the legal status of personality


Author: Marian Octavian
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2016
Scientific adviser: Zinaida Lupaşcu
doctor, associate professor (docent)
Institution: Moldova State University

Status

The thesis was presented on the 7 October, 2016
Approved by NCAA on the 15 November, 2016

Abstract

Adobe PDF document – 0.81 Mb / in romanian

Thesis

CZU 340.12:342.7(478)

Adobe PDF document 3.39 Mb / in romanian
180 pages

Keywords

person's legal status, rights and freedoms, fundamental duties, rule of law, liability of the state, legal guarantees of rights and freedoms, mechanisms to promote and to guarantee the legal status of the person, the Constitutional Court, prosecutor, judge.

Summary

Thesis structure: introduction, four chapters, conclusions and recommendations, bibliography of 355 titles, 160 pages of scientific text. The scientific results are published in 17 scientific papers.

Field of study: General Theory of State and Law.

The purpose of the paper: complex research of the legal status of personality and elucidating the mechanisms of guarantee and its promotion in Moldova, to identify the important solutions to strengthen the state's role in this area. Research objectives: clarifying the concept of the legal status of personality and determining the correlation it with other legal categories that characterize the individual as a subject of law; highlighting the content, structure and varieties of legal status of personality; analysis the basic elements of the legal status of personality; studying the principles underlying the legal status of the person; analysis of national mechanisms the guarantee and pro-mote the legal status of personality; studying the restricting fundamental rights and freedoms from the perspective of ensuring the legal status of the person; research legal liability of the state the infringements to person's legal status by state organs and civil servants.

Scientific novelty of the work lies in the fact that it contains a comprehensive approach to two components: the legal status of personality and mechanisms of it guarantee and assurance at nati-onal level. Are marked by originality conclusions drawn follows from the analysis, as well as recommendations on improving the regulatory framework in Moldova. Important scientific problem solved resides in the conceptual foundation of the structure and content of the legal status of personality and outlining the state mechanism to promote and gua-rantee it in Moldova to create theoretical base needed to optimize and strengthen the state's role in the field.

Theoretical value is determined from the fact that the work contains a description, analysis and synthesis of doctrinal matter, normative and institutional on legal status of the person and identifying mechanisms of protection that status including highlighting the role of law enforcement authorities in this area. On the whole, the work contributes to the development of the general theory of state and law and improvement of national legislation in order to increase respect for human rights and freedoms.

Applied value of work. The results can serve as benchmarks for guidance the future research of the problem, as well as support in the teaching process. They will contribute to the amplification and deepening of theoretical knowledge on the legal personality and its mechanism of ensuring in the rule of law.

Implementation of scientific results. The results can be translated into legislation and in prac-tice of law enforcement authorities in order to strengthen their contribution to ensuring the legal status of personality. As a collaborator of law enforcement bodies, the author widely used main ideas, theories and concepts developed in this work.