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CNAA / Theses / 2021 / May /

Theoretical foundations of the legal status of the person in a modern state

Author: Șelenga Natalia
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Scientific adviser: Valentina Coptileţ
doctor, associate professor (docent), Moldova State University
Institution: University of European Political and Economic Studies "Constantin Stere"


The thesis was presented on the 28 May, 2021
Approved by NCAA on the 22 December, 2021


Adobe PDF document0.38 Mb / in romanian
Adobe PDF document0.34 Mb / in english
Adobe PDF document0.36 Mb / in russian


CZU 340.12(043.3)

Adobe PDF document 1.27 Mb / in russian
216 pages


legal status of the person, evolution of legal status, carrier of legal status, legal construction of legal status, rights, freedoms, obligations, legal guarantees, international standards


Thesis structure: introduction, three chapters, general conclusions and recommendations, bibliography from 335 sources, 186 pages of scientific text. The results of the research are published in 7 scientific articles.

Field of study. General Theory of Law

The purpose of research: research of the essence of the legal status of a person as a legal category, identification of patterns of evolution, definition of modern approaches to understanding the legal status, forecasting its further development.

Research tasks: to trace the evolution of ideas about the legal status of a person; reflect modern approaches to understanding the legal status of an individual and its legal content; analyze the structure of legal status and its elements; to characterize the holder of legal status; demonstrate the limits of international legal consolidation of the status of a person and citizen. The scientific novelty and originality of the research consists in the fact that a periodization of the development of scientific ideas about the legal status of the person is proposed; the author’s definition of the category «legal status of an individual» is formulated; an attempt was made to introduce terminological clarity when using the concepts of «legal status», «legal position», «legal condition», «legal identification» and «legal modus»; the concept of a carrier of legal status is defined the author’s concept of the legal construction of the legal status of an individual is proposed; the role and significance of international human rights standards are shown and their influence on the formation of the legal status of the individual at the national level is indicated.

The solved scientific problem consists in the conceptual substantiation of the essence, content and structure of a person’s legal status, which made it possible to formulate the concept of a person’s legal status, its legal structure, the influence of international norms on a person’s position in a modern democratic society and the legal state.

The theoretical significance of the research lies in the fact that the provisions, conclusions and suggestions contained in the work deepen and expand general theoretical knowledge, make a certain contribution to the further development of the general theory of state and law, and the improvement of national legislation in order to increase respect for human rights and freedoms.

The practical significance of the research is expressed in the fact that the dissertation provisions can be used in the practical activities of state bodies, in particular, in reforming and improving the legislation governing the legal status of an individual and the practice of its application. The research materials can be used in the educational process when teaching such disciplines as the theory of state and law, the history of legal and political doctrines, philosophy of law, constitutional law, etc., in continuing education courses for employees of law enforcement and human rights bodies.

Implementation of scientific results. The main provisions of the dissertation research are published in scientific articles, presented and discussed at international scientific and practical conferences. The materials of the dissertation are used in the educational process when teaching and developing educational materials on the theory of state and law and branch legal disciplines.