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The private property right, constitutional guarantees and its limitations


Author: Păduraru Olga
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:2021
Scientific adviser: Ion Guceac
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 12 February, 2021 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document1.16 Mb / in romanian
Adobe PDF document0.80 Mb / in english

Thesis

CZU 347.218.3:342.4(478) (043.2)

Adobe PDF document 2.98 Mb / in romanian
201 pages


Keywords

Constitution of the Republic of Moldova, private property right, constitutional guarantees, the constitutionalization of property right, the right of land ownership, the financialbanking market, limitation on the private property right, internațional obligations, Constitutional Court, the exception of unconstitutionality, direct access to the authority of constitutional jurisdiction

Summary

Thesis structure: introduction, four chapters, general conclusions and recommendations, bibliography of 371 titles, 161 pages of main text. The research results have been published in 6 scientific articles.

Research area: specialty 552.01-Constitutional Right.

The research goal and objective: The research goal consists in the determination of sufficiency of constitutional guarantees for protection of the private property right and identification of the possibility to increase the level of direct applicability of constitutional norms on the process of fulfillment of the given basic right, including through increasing the efficiency of direct access to the constitutional justice. For achieving this goal there were formulated the following objectives for the research: historical analysis of the property right institute; approach to the institution of the right to private property, of its guarantees and limitations, as elements of the constitutional right; assessment of the concept of formation of the private property right in the Republic of Moldova; assessment of compatibility of the național legislation in the field of property right protection with provisions of the ECHR Convention and ECHR jurisprudence; justification of some changes aimed to improve the constitutional norms and enhance direct access to the constitutional jurisdiction.

Scientific novelty and originality consist in the assessment of sufficiency of the constitutional norms providing guarantees on protection of the basic right for private property and identification of aspects connected with direct link between direct application of the constitutional norms and direct access to the constitutional justice. The significant scientific problem solved in the research consists in the multilateral research and identification of the imperfection of constitutional mechanisms regulating and legally protecting property right in the Republic of Moldova for the purpose of increasing efficiency of direct application of constitutional norms according to the highest standards and the advanced practices.

Theoretical significance is conditioned by the comprehensive study of the property right in the system of fundamental human rights and freedoms guaranteed by the Constitution with account of historical evolution and comparative analysis for the purpose of development of qualitatively new decisions on consolidation of constitutional protection of the property right that correspond to the trends of modern constitutionalism at the regional and internațional levels.

Practical value of the research is determined by the possibility of practical materialization of the recommendations formulated in this work through changing the constitutional norms that will increase efficiency of their direct application aiming at the protection of the property right as a social value of democratic society and as a vital right of each individual.

Implementation of the scientific results has been proven in the activity of lawyer and in the publication of theoretical conclusions and practical recommendations in scientific articles.