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Theoretical Foundations of Legal Q ualification


Author: Sîli Ira
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 adviser: Elena Aramă
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 3 October, 2019 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.39 Mb / in romanian

Thesis

CZU 340.12(043.3)

Adobe PDF document 1.86 Mb / in romanian
167 pages


Keywords

Legal qualification, process, outcome, law development, law enforcement and enforcement, concepts, categories, standards, principles, implementation difficulties, qualification errors

Summary

Structure of the thesis: Introduction, four chapters, general conclusions and recommendations, bibliography of 250 titles, 132 basic pages, 11 pages of annexes. The results obtained were reflected in 10 scientific publications with total volume of 3.92 ca.

Field of study: General Theory of Law

The aim and objectives of the thesis: The purpose of this thesis is the complex and multilateral research of the legal qualification for identifying the problems related to the theoretical substantiation of the legal qualification, imperative for the elucidation of the legal qualification in the process of application but also for the elaboration of the law, the clear delineation of the instruments of legal qualification , as well as the importance of logical reasoning, standards and principles of law in the process of qualification. In the thesis the achievement of the goal presupposes the following objectives: study of the theoretical legal literature and branches in order to identify the existing opinions regarding the legal qualification; identifying individual interpretations of the concept of legal qualification as a process and legal qualification as a result; the theoretical study of the conceptual delimitation of the notion of legal qualification from other adjacent notions, but also the demonstration of the interaction and the genetic link between them; determining the role of legal qualifications in order to strengthen the rule of law; defining the concept, category as fundamental tools in the legal qualification process; analyzing the explanatory judgments and advisory opinions of the Supreme Court of Justice of the Republic of Moldova in order to highlight the difficulties in the legal qualification process at the law enforcement stages; classification of categories and types of legal qualifications; determining the stages of the legal qualification process; identifying the role of strictly defined concepts, vague concepts and definition of the legal qualification; the argumentation of the contribution of the outcome of the legal qualification process to overcoming errors in the law enforcement process.

The scientific novelty of the obtained results is the contribution made to the study of the legal qualification concept undertaken for the first time in the context of the local theoretical and legal researches; the classification of stages, forms and types of legal qualifications that change the methodological vision oriented on these categories of maximum generality and with practical interferences; the theoretical analysis of the conceptual tools of the categories, as well as, in order to overcome the difficulties of the legal qualification, the detection of the qualification errors and the factors that generate them.

The solved scientific problem consists in the elaboration of common standards for the substantiation of the legal qualification (concepts, categories, stages of achievement, identification of tools, solutions in the overcoming of qualification errors), by integrating some theories in the existing doctrine, in order to integrate and consolidate the concept of legal process (process and outcome) in national studies.

The theoretical significance and applicative value of the work are determined by its scientific novelt y and novelty. The conclusions and proposals made in the paper will provide solutions that can be used: - theoretically as a starting point for a more in-depth approach to particular problems related to the legal qualification process; - in the normative-legislative and jurisprudential plan in the activity of elaboration and correct application of the law in the process of reforming the legislation regulating different areas of the concrete branches of law - civil, criminal, international etc. with referenc e to legal qualification; - in the didactic process at the disciplines: general theory of law, criminal law, juridical logic, law methodology.

Implementation of scientific results The scientific results obtained will be used in the activity of analyzing and studying the application and elaboration of the law, in order to identify the legal qualification errors for the formulation of some standards of recommendation for the process of realization of the law and the uniform application of the provisions legal.