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The law enforcement activity by the public authorities


Author: Manțuc Elena
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2019
Scientific consultant: Andrei Negru
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 30 May, 2019 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.49 Mb / in romanian

Thesis

CZU 340.132.6 (043.3)

Adobe PDF document 1.43 Mb / in romanian
182 pages


Keywords

error, factors, law enforcement, law-appliance, application act, law enforcement activity, efficiency, principle, process, public authority

Summary

Structure of the thesis paper: the thesis paper is structured as it follows: introduction, three chapters, general conclusions and recommendations, bibliography that contains 239 sources, annotations in Romanian, Russian and English languages, 182 pages of main text. Number of the publications. The results of study are published in 8 scientific studies. The volume of the publications on this subject equals with 4,06 c.a.

Field of study: General theory of the law.

The purpose and the objectives of the study: the scientific goal of the paper consists in to carrying out a complex and multilateral analysis of the law enforcement activity by public authorities, the theoretical and practical aspects in order to make it more efficient, as well as identifying causes of errors committing in law enforcement activity. The achievement of the study purpose presumes the attaining of the following objectives: the determination of the place and the role of the law enforcement in the system of the enforcement forms of the law; the appreciation of the law enforcement activity as a functional determinant of public authorities; the correlation between the application of law as a special form of realization of the law and law enforcement activity; the identification of the improvement principles and concepts of law enforcement activity by the public authorities; the analysis of the factors that determine the efficiency of the law enforcement activity by the public authorities; the identification of the causes of error committing in the process of law enforcement activity by the public authorities; the formulation of some recommendations concerning the main directions of improvement and modernization of the law enforcement activity by the public authorities.

The scientific novelty and originality of this study is determined by the nature of the research and by the purpose and the multidimensional objectives, which represents the first scientific paper in the academic environment of the Republic of Moldova, focused on identifying and analyzing the nature of the law enforcement activity by the public authorities. Thus, the scientific novelty manifests its essence in deepening of the investigation and identification degree of the specialized doctrinal research in the field of law, in order to solve some concrete theoretical and practical issues, in determining of the various aspects of the law enforcement activity by public authorities, such as: elucidation of the essence, new specific trends in the law enforcement process (the public authorities don’t have an exclusive competence); the concept defining and the principles identifying of the effectiveness of law enforcement; determining the conditions for efficiency and modernization of this activity by the public authorities necessary for the organizational and functional fortification of the bodies and institutions in the field of law.

The solved scientific problem consists in essence’s elucidation of the law enforcement activity by the public authorities, which is oriented towards structural modernization and competence in the field of law, allowing the organizational and functional streamline.

The theoretical significance is determined by the scientific novelty and the topicality, the realized syntheses and analyzes, as well as by the general conclusions formulated by expressing the clear delimitation of the law enforcement phenomena and enforcement of law appliance through the correlating in order to improve the organizational and functional efficiency of the public authorities. Thus, the conclusions and recommendations given in the thesis can be presented as viable directions in science, legislation and practice in the field of law. All of them will determine the appropriateness to review the traditional opinions on the law enforcement activity exercised by public authorities. Thus, the concept of law enforcement by certain subjects is approached in detail for the first time; or, the specialty literature concerns the law application only as a special form of the law realization.

The application value of the paper is expressed by the multiple aspects’ elucidation of the law enforcement activity phenomenon, being the indicator of the organizational and functional efficiency of the state mechanism. The complexity of the law enforcement phenomena denotes as well as the possibilities oriented toward the identification of the negative factors that can cause the organization and functional inefficiency of public authorities. The scientific ideas and conclusions contained in the thesis will be used: in the doctrinal-theoretical plane, as the fundamental landmark for a subsequent approach of the concept issue of the law enforcement activity by the public authorities; in a legislative framework, in process of amending and completing the legislation that regulate the enforcement activity of the law by the public authorities in order to improve the organizational and functional efficiency; in the didactic process – teaching of the course “General Theory of Law”.

Implementation of the obtained scientific results. The main results of the thesis were presented at several international and national conferences, published in various specialized journals, which contributed to the enrichment of conceptual-theoretical support at national level. The general conclusions and the novelty elements will be implemented in the analytical curriculum of the “General Theory of Law” course in the educational institutions of the Republic of Moldova.