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The statute of magistrate in the area of justice

Author: Novac Tatiana
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: Andrei Negru
doctor habilitat, professor, Moldova State University
Institution: Moldova State University


The thesis was presented on the 27 January, 2017
Approved by NCAA on the 23 March, 2017


Adobe PDF document0.50 Mb / in romanian


CZU 340.13:347.962(478)

Adobe PDF document 1.28 Mb / in romanian
184 pages


Justice, public service, statute of the magistrate, liability of justice, liability of magistrate, forms of magistrate’s liability


Structure of the thesis. The thesis consists of an introduction, three chapters, general conclusions and recommendations, bibliography which includes 204 sources, annotations in Romanian, Russian and English, basic text - 167 pages. The research results were presented in eight scientific publications.

Goal and objectives of the thesis. The goal of this thesis is to conduct a complex research of the statute of contemporary magistrate, the principles and key elements of which are determined by the meanings, principles and statute of justice.

The achievement of the proposed goal presumes the affirmation of the following objectives: analyzing the main doctrine studies of the magistrate statute in the light of the statute of contemporary justice and of principles by which it is characterized; axiological appreciation of national and international legal regulations on the status of magistrates and the phenomenon of contemporary justice; the synthesis of the main understandings of contemporary justice through which the fundamental principles characterizing the justice are emphasized; assessing the status of magistrates by identifying and characterizing the principles which determines this status; determining the interaction between the statute of magistrate and the statute of contemporary justice through the continuity of principles of justice and realizing them through the principles which are characteristic to the statute of magistrates; characterizing the elements of the structure and content of the statute of contemporary magistrates; co-reporting the elements of magistrate statute with the principles that characterizes this statute; determining the necessity of an obligatory proportionality between the subjective rights and other elements of the statute of magistrates; delimitation of the phenomenon and peculiarities of legal liability of magistrate from the phenomenon of legal liability of the state for the legal errors.

Scientific novelty and originality. The novelty of the paper is to determine the correlation between the justice and the magistrate through a statutory assessment of these phenomena and a mutual interaction between them, oriented towards their efficiency.

The scientific problem solved is to identify the statute of magistrates by analyzing the principles and the elements of structure and content, which determines its effective interaction with the phenomenon of justice, allowing an accountability of the magistrate towards society and of the state towards the justice in the process of legislative modernization.

Theoretical significance and applied value. The theoretical significance of this paper is the theoretical and practical novelty approach to the statute of magistrate by identifying the principles and structural elements and determining their origin in the content of contemporary justice phenomenon. The practical importance of the work is highlighted and substantiated through the research of the magistrate statute and the forms of its liability, the correlation between the status of magistrate and the judiciary status, which contributes to the exclusion of errors in the process of lawmaking and the development of a clear and consistent process of legal regulation of social relations in the field of justice and its strengthening as a superior social value. The practical value of the paper lies in the ability to use it in qualitative and efficient normative legal regulation of the statute of magistrates oriented towards excluding any attempts to affect the independence of the justice and magistrate, countering the phenomenon of corruption and strengthening the authority of justice in society.

Implementation of the obtained scientific results. The conclusions and recommendations developed can be used multilaterally, both in the process of improvement of syllabuses as well as in the process of developing the master degree course, public law Determining conditions of quality and efficiency of contemporary justice, at the SUM and in the process of organization of the functioning of justice and ensuring the realization of the statute of magistrates. Likewise, the research results can be used as initial support to the development of regulations in this field.