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The legal state of the public administration authorities in establishing the child’s residence


Author: Focșa Tatiana
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: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution: Free International University of Moldova

Status

The thesis was presented on the 15 September, 2017 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document1.19 Mb / in romanian

Thesis

CZU 342.95 (043.3)

Adobe PDF document 3.27 Mb / in romanian
177 pages


Keywords

child, child residence, public authorities, the best interest of the child, public authorities, guardianship authority, report of the guardianship authority, report of psycho-social evaluation

Summary

Thesis structure: The thesis includes the introduction, three chapters, general conclusions and recommendations, the bibliography list that includes 207 titles, 3 annexes, 144 pages of the main text. The results of the PhD thesis were exposed in 12 scientific articles.

Field of study. Administrative Law

Goal and Objectives of the given thesis consist in the complex analysis of the institution of establishment the child’s residence by researching the doctrinaire concepts of the national legislation taking into account the legal statute of the authorities of public administration. In order to achieve the given goals we have to realize the following objectives: to study to study the national and international legal doctrine regarding the involvement of the authorities of public administration in establishing the child’s residence; to study the national and international legal framework of the institution of establishing the child’s residence; to research the establishing the child’s residence as the domain of the public administration; to analyze the concept of ―guardianship authority‖ – as the authority of child’s protection; to emphasize the scientific arguments regarding the identification of legal nature of the report of guardianship authority issued in the cases of establishing the child’s residence; to analyze the procedure exercised by the public administration authorities in the realization of legal-administrative instrument – the Report of evaluation of the living conditions, in order to identify the problems of legislation enforcement and to formulate proposals regarding the remediation of the existent shortcomings.

The scientific novelty and originality of the research results. The elements of novelty of research are embodied in a series of conclusions, recommendations and statements that will contribute to the complete the administrative, legal doctrine regarding the aspect of the competences of the authorities of public administration of child’s protection. Among the main elements of scientific novelty we could mention the followings: identifying the national legislative gaps regarding the child’s protection; specifying the attributions of the authorities of public administration habilitated in the domain of establishing the child’s residence; delimiting and substantiating the legal nature of the report of the guardianship authority issued in cases of establishing the child’s residence; presenting the procedure exercised by the authorities of public administration in establishing the child’s residence; determining the responsibility and legal liability of the guardianship authority regarding the evaluation of the living conditions.

The solved important scientific problem of the thesis consists in substantiating scientifically the identification of legal-administrative mechanisms of the state in order to make more efficient the institution of establishing the child’s residence, leading to the refinement and clarification for the theoreticians and practitioners from the domain of administrative law of the procedure of involvement of the public administration authorities in establishing the child’s residence, allowing the increase of responsibility of the public authorities in the process of examining this category of cases.

Theoretical significance and the applicative value of the thesis. The scientific concepts emphasized in the work related to the problem related to the public authority role and place in the process of solving cases regarding the establishment of child’s residence, will contribute to the development of new investigations on this issue. The results of the realized investigations during the research, of the conclusions as well of the suggestions of lexferenda to perfect the legislation, could be taken into consideration in the process of legislating in order to improve the regulation within the given area. The conclusions and recommendations exposed in the work can be used in the process of training the staff from the field of higher education with legal and social profile (Ist and IInd cycles); it can be used to the elaboration of corresponding sections in manuals, methodical-didactical guides, etc.

The implementation of the research results. Thesis conclusions, the elements of novelty are used in the teaching process, namely at the course Administrative Law within Free International University of Moldova, and at the course Administrative Law within, Family law and civil status acts at Law departament, at the Faculty of Law and Public Administration a Bogdan Petriceicu Hașdeu State University and Administrative Law, at Specialty Public Law Within the Faculty of Law and Education Sciences, Alecu Russo State University of Bălți.