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Sanction - the object of the legal liability report


Author: Bostan Ina
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2018
Scientific adviser: Dumitru Baltaga
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

The thesis was presented on the 8 September, 2017
Approved by NCAA on the 11 May, 2018

Abstract

Adobe PDF document – 0.61 Mb / in romanian

Thesis

CZU 343.13(043.3)

Adobe PDF document 1.87 Mb / in romanian
189 pages

Keywords

legal sanction, punishment, state constraint, legal liability, legal norm, social norm, legal effectiveness, law order.

Summary

The thesis’s structure is the following: the introduction, four chapters, the general conclusions and recommendations, the bibliography consisting of 284 names, 170 pages of basic text. The obtained results have been published in 11 scientific works and the total volume of the publications is about 4,3 author sheets.

The field of study: The general theory of law.

The thesis purpose and objectives: The paper has the purpose to make a complex and multilateral research about the legal sanction phenomenon as an object of the legal liability report, by determining the legal nature of the content, its characters, functions and purpose, which will contribute to the scientific demonstration of this concept, in order to formulate recommendations to improve the institutional, legal and regulatory framework, in order to highlight this aspect.

Achieving this goal involves the following objectives: examining the legal doctrine and identifying the existing theories and opinions regarding the legal sanction as the object of legal liability; theoretically justifying the concept of the legal liability report and setting indissoluble connections between the concepts of legal penalty and legal liability report; examining the legal nature of the sanction, through the comparative study of definitions provided by the doctrine and formulating a new legal concept of sanction; researching the development of legal sanction and identifying the criteria which distinguish the legal sanction from the social, moral and religious concerns; identifying the purpose and the character of the functions of the penalty under legal liability report; identifying the sanction’s characters, goals and functions within the legal liability report; identifying and systematizing the most important classifications of legal sanctions; identifying and systematizing the principles of legal sanctions’ applications, as well as investigating and clarifying the effectiveness of sanctions; determining and establishing the legal regime of legal penalties under the various reports of legal liability; elaborating the proposals and the recommendations aimed at improving the doctrine and the legislation of the Republic of Moldova in this issue.

The scientific novelty and originality of this thesis is determined by the purpose and the objectives derived from the method of approach to the problem, from the very nature of the object of research. Firstly, the research carried out focuses on investigation and identification of specialized studies and works, in order to formulate a critical apparatus in this matter. Secondly, the novelty derives from the inclusion in the analysis of various types of sanctions, which allow a comprehensive analysis of the sanction, through generalization and abstraction operations and systematization of the traits, the functions and the purpose of the legal sanctions as the object of the legal liability report.

The scientific resolved problem is to develop the scientific instruments for identifying and scientifically supporting the concept of legal sanction as the object of legal liability report, which determines its prominence within the subjective dimension overview of legal liability, and subsequently through the development of its regulatory system, the reason leading to clarification and further improvement for the theorists and practitioners in the legal field of the investigated things in order to implement the latest changes and additions that have been made in the context of this study.

The theoretical value is determined by its scientific novelty, modernity and general conclusions. Thus, the conclusions and recommendations set out in the paper will enable the development of certain directions in science, law, and practice. This, in turn, will result in a revision of the traditional opinion regarding the legal sanction.

The applied value of the thesis lies in the fact that the scientific theses which detach from the thesis will be used scientifically and theoretically, as additional material for a more complex understanding of the legal sanction phenomenon within the legal liability report; in the didactic-scientific plan, teaching the course of The general theory of the law; in the normative-legislative plan, to achieve the legislative process aiming at elaboration and amendment of some normative acts.

The implementation of the scientific results. The main results of the thesis were presented and communicated in several international and national conferences, published in various specialty magazines, the fact that has contributed to the enrichment of the national theoretical framework. The general conclusions and innovations have been implemented in the analytical program of the course of study The general theory of law at ULIM.