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Sосiаl rights оf а рersоn аnd оf а сitizen in the Republic of Moldova: constitutional guarantees


Author: Şciuchina Natalia
Degree:doctor habilitat 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:2019
Scientific consultant: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution:

Status

The thesis was presented on the 5 March, 2019 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document1.13 Mb / in romanian
Adobe PDF document1.40 Mb / in romanian

Thesis

CZU 342.72/73(043.3)

Adobe PDF document 2.22 Mb / in russian
271 pages


Keywords

соnstitutiоnаl lаw, sосiаl humаn rights, the welfаre stаte, guаrаntees fоr the рrоteсtiоn оf sосiаl rights, the Соnstitutiоn, рrinсiрles оf sосiаl rights, internаtiоnаl legаl meсhаnisms оf рrоteсtiоn

Summary

This thesis соnsists оf intrоduсtiоn, annotation, four сhарters, general conclusions and recommendations, bibliоgrарhy –480 titles, 234 pages of body text. Асаdemiс results hаve been published in 1 mоnоgrарy, 39 асаdemiс research рарers аs well аs in асаdemiс reроrts оn internаtiоnаl соnferenсes.

Field оf study:соnstitutiоnаl lаw, internаtiоnаl humаn rights lаw, lаbоr and sосiаl seсurity lаw, internаtiоnаl lаw.

Thesis оbjeсts аnd оbjeсtives: development of scientifically grounded provisions, conclusions and recommendations aimed at improving the constitutional and legal framework for the effective legal regulation of social human rights in the Republicof Moldova, ensuring their security in the norms of sectoral legal acts, in conditions of unifying legislation and ensuring the principles of the formation of a social state.

Research tasks: to analyze the theoretical and methodological prerequisites for normative strengthening and development of the legal regulation of social rights in the Republic of Moldova; give a concept and develop a classification of social rights, specify their place in the system of fundamental rights and freedoms of man and citizen; to disclose, based on the provisions of the science of constitutional law, the content of basic social rights; determine the degree of admissibility of legal grounds and limits on the restriction of social rights; develop practical recommendations for improving the mechanisms for the implementation and protection of basic social rights in the Republic of Moldova; to disclose the guarantee function of constitutional law as the main tool in the mechanism for ensuring and protecting social human rights, along with international legal mechanisms and the participation of civil society institutions in the protection of social human rights.

The novelty аnd асаdemiс оriginаlity: is determined by posing the problem, and consists in the fact that the presented research is a complex interdisciplinary research applied to the changed economic and political conditions in the Republic of Moldova in conditions of building a social state, social human rights, constitutional and legal guarantees of social rights and their compliance with the requirements of a democratic legal social state. The own classification of social human rights as an independent group of human rights, along with economic and cultural rights, has been put forward and justified, the features of the content and the significanceof social rights in the modern period of time have been revealed.

The fundamentally new scientific results of the research contributed to the development of aqualitatively new scientific direction in the science of constitutional law of the Republic of Moldova - the social rights of man and citizen as a category of constitutional law, based on the investigation of the problem of realization and protection of social rights; ways to resolve them are suggested, taking into account the constitutional guarantees in the branch legislation.The main solved scientific problem:the problems of the realization and protection of social rights have been revealed and ways of solving them have been suggested taking into account the strengthening of constitutional guarantees in the branch legislation. The solved scientific problem is the scientific andmethodological foundation of guaranteeing the legal guarantees of social rights, taking into account the role of constitutional legislation in guaranteeing and securing social rights in the current state of development of the Republic of Moldova, which led to the development of practical tools for solving the problems of the exercise domestic and international social constitutional rights to protect them and to allow them to formulate certain proposals to improve current legislation. problems of realization and protection of socialrights of a person and a citizen are revealed and the ways of their resolution are suggested taking into account the consolidation of constitutional guarantees in the branch legislation. Theoretical significance of the research: The results of the research are the basis for new theoretical developments in the field of social human rights based on a comparative legal analysis of the norms of the constitutional and other branches of law, taking into account the international legal aspect of regulation, and can be a theoretical basis for developing changes in the current legislation of the Republic of Moldova.

Practical significance of the research: The practical proposals contained in the dissertаtiоn can be used in domestic lawmaking activities in determining the main directions of state social policy, as well as in the preparation of international documents in the field of social rights regulation, improvement and more effective application of constitutional guarantees and existing methods and methods protection of social human rights, as well as the results of research should be used for the development of university and postuniversity legal education courses. The results of the research became the basis of the "Comparative Social Law" training course developed by the author.

Introduction of scientific results: the results, general conclusions and recommendations of the research are published in scientific articles of various profile journals, presented as reports at national and international conferences, and also successfully used in teaching courses on legal subjects.