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CNAA / Theses / 2017 / July /

Constitutional regulation of the economics human rights in Republic of Moldova


Author: Baeșu Valeriu
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 advisers: Ţurcan Serghei
doctor, associate professor (docent)

,
Institution: Free International University of Moldova

Status

The thesis was presented on the 12 July, 2017
Approved by NCAA on the 11 May, 2018

Abstract

Adobe PDF document – 0.42 Mb / in romanian

Thesis

CZU 342.7 (043.2)

Adobe PDF document 1.19 Mb / in romanian
179 pages

Keywords

human economic rights, right to work and labor protection, right to property, right to inherit, right to strike, right to union in trade unions, economic freedom.

Summary

The purpose of the paper: complex research of the economic human rights as a distinct category of fundamental human rights and elucidate the peculiarities related to their structure and content in order to identify the degree of the legal regulation of the economic human rights in Republic of Moldova. Research objectives: clarifying the notion of the economic human rights and their delimitation from other categories of the fundamental human rights; highlighting the structure and content of the economic human rights; reflecting the origin of the economic human rights and emphasizing the evolution of constitutional regulations on economic human rights; emphasizing the interdependence of economic human rights as the basis of the economic system and the constitutional regime; analyzing the legal regulations in Republic of Moldova of the economic human rights in order to find gaps in legislation and interfere with legislatives proposals.

Scientific novelty of the work lies in the fact that it contains a comprehensive approach to two components: the structure and the content of economic human rights and mechanism to guarantee those rights, the problems which are studied sporadic and fragmentary by the doctrine. Accordingly, the research conducted by the author summarizes ideas and visions set forth in doctrine and outlines the theoretical conception of human economic rights, their varieties states to facilitate the process of guarantee the economic rights of man in a state of law.

Important scientific problem solved: in elucidating the economic human rights as a distinct category of fundamental human rights, which has helped to clarify aspects of their structure and content in order to improve legal regulation and protection of the economic human rights in Republic of Moldova.

Theoretical value is determined from the fact that the work contains the analysis and synthesis of doctrinal matter, normative and institutional on legal status of economic human rights and identifies mechanism to guarantee them in the state of law. Overall, the work contributes to the development of constitutional law and improvement of national legislation in order to increase guaranteeing and respecting economic human rights in Moldova.

Applicative 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 economic human rights and its mechanism of ensuring in the rule of law.

Implementation of scientific results. The results obtained were used in the process of training students for the first cycle - Bachelor's, the second cycle - the Master's and the 3rd cycle - PhD from the Law Faculty of the Free International University of Moldova. We have proposed lege ferenda recommendations, in our opinion, to contribute to the improvement of the legislative framework in the field of guaranteeing the economic humans rights in the Republic of Moldova, recommendations that will contribute to the improvement and efficiency of their insurance system.