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"Liability for Violation of Election Law Rules


Author: Grâu-Panțureac Maria
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:2020
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution:

Status

The thesis was presented on the 16 January, 2020
Approved by NCAA on the 28 February, 2020

Abstract

Adobe PDF document – 0.70 Mb / in romanian

Thesis

CZU 342.8(043.3)

Adobe PDF document 1.48 Mb / in romanian
140 pages

Keywords

responsibility, legal liability, liability for violation of electoral law, electoral litigation, electoral conflict, electoral fraud, contentious litigation

Summary

Structure of the thesis. The PhD thesis consists of: introduction, four main chapters, general conclusions and recommendations, followed by bibliography of 191 sources. The paper course contains 120 basic text pages and the results are published in 13 scientific papers.

Field of study. Constitutional law.

Purpose and objectives of the thesis. The purpose of this research is to carry out a multi-perspective analysis of the responsibility for violation of electoral law, through the elucidation of the grounds, subjects and conditions attached to it, as well as its forms, in order to develop effective measures to prevent and sanction this phenomenon.

In order to achieve the proposed goal we have formulated the following objectives: to analyze the responsibility for violation of the electoral norms through the prism of art. 2 and 38 of the Constitution of the Republic of Moldova, in accordance with art. 71-75 of the Electoral Code of the Republic of Moldova; to highlight the most important moments of the historical evolution of the responsibility for violation of the electoral law in the Republic of Moldova; to make an analytical presentation of the electoral accountability features, including defining the notions of fraud, conflict and electoral litigation; to reveal the specifics of the electoral contentious in the Republic of Moldova; to identify the particularities of the forms of liability for violation of electoral legislation; to analyze the statistical indicators regarding the involvement of the electoral party in the context of the elections held in Moldova during 2014-2019; to make the comparative analysis of the institution of accountability in the electoral field, with states such as Romania, Ukraine, the Russian Federation, tangentially Germany and France, highlighted the weaknesses and strengths of the mechanism for applying the responsibility for violation of electoral legislation.

Novelty and scientific originality. The scientific novelty and originality of the PhD thesis as well as the obtained results consist in the approach of the phenomenon of the responsibility for violation of the electoral law rules from the double perspective of the theoretical and practical research of all the factors and circumstances relevant for the research theme. The innovative elements are determined by the recommendations formulated in order to remove the existing gaps in the normative framework.

The novelty elements are manifested through the following fundamental theories: the formulation of the notion of responsibility for the violation of electoral norms, in the following sense: responsibility for violation of electoral norms presupposes the application by the hierarchically superior body or by the court against the electoral subjects of the sanctions provided by the electoral legislation in order to defend and restore the violated electoral rights; the elucidation of the notions of fraud, conflict and electoral litigation, in the following formula: electoral fraud is the violation of the electoral norms committed intentionally and bad faith in obtaining undue benefits in the electoral process; electoral conflicts are the misunderstandings and disagreements that arise in the process of applying the provisions of the electoral legislation, namely in the stages of the proper organization and conduct of the elections, of the collection and counting of the votes; electoral disputes are the conflicts that arise in the process of organizing and conducting the elections and which are solved by the electoral bodies or the courts; constitutional accountability for violation of electoral law as a distinct form of legal liability in the electoral field.

Important solved scientific problem. The important solved scientific problem lies in conceptualizing the responsibility for violation of the electoral law, by defining the importance of the institution of responsibility in the protection and restoration of the violated electoral rights, the elucidation of its particularities and its forms, as well as the formulation of the recommendations and proposals of the law on the window aimed at improving the scope of electoral rights regulation and their efficient use in the context of holding free and fair elections.

Theoretical importance and applicative value of the work. The theses, conclusions and recommendations on the concept, forms, and the specific nature of the accountability in the electoral field complement the theoretical basis of this institution. Moreover, there is a small number of papers in the scientific literature of the Republic of Moldova, which would have exclusively the responsibility for the violation of electoral law, with the exception of a modest number of scientific articles or exhibited in textbooks and university courses. The scientific ideas and conclusions contained in the thesis can also be used: in the theoretical doctrinal plane, as the initial material for a more in-depth approach to the issue of liability in electoral law, in the didactic process on the subject of electoral law, namely the responsibility for violation of norms of electoral law.

Implementation of the scientific results: the theoretical conclusions of the paper, the novelty elements and the recommendations formulated are used in the study process of the "Constitutional Law".