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 / June /

Remediation of ecological damage".


Author: Ardelean Grigore
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:2018
Scientific adviser: Igor Trofimov
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 15 June, 2017
Approved by NCAA on the 11 May, 2018

Abstract

Adobe PDF document0.28 Mb / in romanian

Thesis

CZU 49.6(043.3)

Adobe PDF document 1.05 Mb / in romanian
180 pages


Keywords

pollution, environmental damage, ecological damage, damage assessment, damage remedying, environmental liability, tort civil liability, environmental factors, ecological function, patrimony

Summary

Thesis structure: Under the structural aspect, the paper consists of: introduction, four chapters, general conclusions and recommendations, bibliography of 196 titles, 157 pages of basic text. The results obtained in the research are published in 15 scientific papers.

Study domain. Public law.

Thesis aim and objectives consists in examining the functionality of the applicable legal framework for assessment and compensation of the ecological damage, identification of the gaps, causes and conditions that generated them, as well as formulation of solutions capable of removing any obstacles from the path of the liability regime for such categories of harms.

Scientific novelty and originality expresses a distinctive vision on how to approach and set up rules that will form the basis for the consolidation of a specific and distinct liability system in the matter of remedying the ecological damage.

Important scientific issue solved is reflected in the argumentation of the efficiency and perspective delimitation of liability regime for environmental damage from that applicable to remedying the ecological damage retrieved for person and its property. In the same context, scientifically it is argued the need to advance the idea of objectification of environmental liability, even exceeding the regulatory limits of traditionalism in return for ensuring a fair remediation on equitable principles of ecological damage.

The theoretical significance and applicative value of the thesis consists in generalizing the problems, causes and consequences of faulty regulatory framework, but also to the concept initially assigned to the legal regime applicable to the ecological damage assessment and remedying. In applicative plan, study results constitute actual solutions with the perspective to retrieve in the content of the laws to be applied for the purpose of remedying the ecological damages.

Implementation of scientific results. Scientific argumentation of the ideas and reliability of new rules and principles of application of the rules relating to the assessment and repair of injury find their reflection in the ecological content of 14 scientific articles published in different journals nationally and internationally, as well as in Handbook of environmental law that constitutes the basic source of students what studying in the Academy „Ștefan cel Mare”.