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 / 2017 / May /

The legal status of the local elected person and the staf of local public authority from the Republic of Moldova


Author: Saitarlî Natalia
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:2017
Scientific adviser: Maria Orlov
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Moldova State University

Status

The thesis was presented on the 12 May, 2017
Approved by NCAA on the 31 May, 2017

Abstract

Adobe PDF document0.55 Mb / in romanian

Thesis

CZU 342.98(478)(043.3)

Adobe PDF document 1.57 Mb / in romanian
204 pages


Keywords

public local administration, normative acts, Code of local communities, legal status, local elected, local councilor, mayor, personal, public servant, employee

Summary

The field of study: Administrative Law.

The purpose and objectives: The purpose of this paper consist in systemic, complex and comparative research of legal status of Local Elected and the whole personnel from local public authorities using detailed analysis of all component elements of their status, with identifying existing problems in this field in terms of functionality as well as legal regulations related and formulating of some proposals that could contribute to improvement of legislation and LPA activity development in the context of European best practices. Thesis objectives: concept research of juridical status of Local Elected, of the public officer and other categories of personnel (staff/employees) from the local public administration through the prism of specialty doctrine, the national legal provisions and experience of European countries; analysis of the evolution and quality of legal regulations on the juridical status of local elected, of the public officer and other categories of personnel from the local public administration in Republic of Moldova; detailed examination of the main component elements of the juridical status of Local Elected, of the public officer and other categories of personnel from the local public administration to identify the causes that prevent the successful accomplishment of their duties and to propose ways to eliminate them; based on this analysis elaborating proposals for revision and modernization the legal framework of local public administration, inclusive the improvement the juridical status of Local Elected, the public officer and other categories of personnel who participate in local government; suggestion of recommendations for review, systematization and adjusting the regulatory framework of the local government from Republic of Moldova for effectiveness activity improvement of Local Elected, of the public officer and other categories of personnel, the successful implementation of administrative reforms and tasks undertaken by our country from signing Association Agreement between Republic of Moldova – European Union; proposal for codification of regulatory framework of the local government, including the norms of legal status of all participants involved in the process of local government according to example of good practice of EU countries.

Scientific novelty and originality: is that this thesis is among the first works focused on systemic and compared research of Local Elected in relation with juridical status of other categories of personnel of local public administration through the purpose stated above. The innovations can be found in the content of the conclusions and recommendations made by author, which can bring improving in current regulatory framework of local public government. One important proposal in this line is found in the sketch project (contents) Code of local communities, which is proposed in the Annex of this work.

The important scientific problem which was sold consists in elaboration of concrete proposals to revision in order to adjust regulatory framework of juridical status of Local Elected and personnel of local public authorities which will lead to an effective cooperation in exercise of powers by them and strengthen administrative capacity for finalizing successful reforms to modernize local government and providing a good government in the spirit of the tasks undertaken by the Republic of Moldova, on the basis of the Association Agreement with the European Union.

The theoretical significance and practical value is arising from conclusions and recommendations concerning the existing situation and perspectives for modernizing the legal status of local elected, public official and other personnel of local public authorities so that they work with maximum effic iency. Applicative value of the work will manifest by courtesy and responsiveness of legislature to use research results in the modernization of local public administration, and theoretical significance of this is in commonly use by researchers who will continue research in this field of administrative law and in science of administration and university professors who teach such material, as well by practices within their operations within their operations, depending on their position in the local public authorities (decision-making, executive, control ). As well this thesis will contribute to review, systematization and adjustment of the regulatory framework of the local government work in the spirit of good government principles and requirements.

Implementation of scientific results. Results of the thesis were and continue to be successfully implemented by author during the theoretical and practical training on "Administrative Law", "The Local Public Administration" at the first cycle of the Faculty of Law and Public Administration of State University „B. P. Hasdeu” from Cahul, Moldova.