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The right for petitioning in the Republic of Moldova


Author: CONICOV Ion
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:2019
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution:

Status

The thesis was presented on the 23 April, 2019 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.75 Mb / in romanian

Thesis

CZU 342.727 (043.3)

Adobe PDF document 2.03 Mb / in romanian
176 pages


Keywords

petitioning, state authorities, petitioner, application, complaint, state.

Summary

CONICOV Ion ”The right for petitioning in the Republic of Moldova”. Thesis of PhD in law. Specialty: 552.01 Constitutional law. Chisinau, 2019. The structure of thesis is as follows: introduction, three chapters, general conclusions and recommendations, 235 bibliographic references, 158 pages of basic text. The obtained results have been published in 8 scientific works (9,42 ca). Keywords: petitioning, state authorities, petitioner, application, complaint, state. Domain of study: constitutional law. Scope and objectives of thesis: the work represents a complex examination of the institute of right for petitioning with elucidation and multilateral identification of particularities of the right for petitioning with definition of mechanisms of implementation and application under the light of constitutional law. The objectives include the determination and reevaluation of the notion and essence of right for petitioning; the legal nature of the institute of right for petitioning; formulation of characteristic properties of the right for petitioning; forms of implementation of the right for petitioning and their classification; analysis of the process of implementation of right for petitioning by the executive authorities; implementation of the right for petitioning by the lawmaker and the autonomous institutes established by the lawmaker; Scientific novelty and originality: consists in the numerous conclusions and recommendations aimed at filling-in the gaps in the existing scientific researches in petitioning. Generally the theme of the right for petitioning has not been examined under wide scientific researches. So, the limited number of works and the level of details determine the originality of this thesis in the elimination of gaps in the existing researches. The resolved scientific problem in this domain consists first of all in the determination of importance of assuring the right of citizens for petitioning and the elaboration of recommendations for the amendment of by-laws of the Republic of Moldova meant to improve the climate of implementation and application of fundamental rights as an indispensable condition for the development of democracy and jural state in the Republic of Moldova. The theoretical significance of the thesis is determined by the description, analysis and synthesis of doctrines, normative and institutional norms relating to the implementation mechanism of the right for petitioning, including the role of state authorities in this domain. Generally the work contributes to the development of petitioning theory and improvement of national legislation. The applied value of thesis. The obtained results will be used as reference points in the subsequent researches of the considered problem, as well as in the didactical process as theoretical support in the specialty courses. Implementation of scientific results. The main concepts and conclusions of the thesis have been presented at national and international conferences, published in diverse specialty magazines, having thus contributed to the enrichment of national theoretical framework of the right for petitioning. The obtained results will be used in teaching the course of Constitutional law in institutions of education.