The axiology of the judicial inspection in streamlining the activity of the judicial authority
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StatusThe thesis was presented on the 3 September, 2021Approved by NCAA on the 1 March, 2022 Abstract – 0.72 Mb / in romanian – 0.80 Mb / in englishThesisCZU 347.97/.99:35.072.6
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Keywords
judicial inspect ion, judicial authority, Council for the Judiciary, qualit y and efficiency of justice, judicial ethics and discipline, specialized control, consolidation of justiceSummary
Structure of the thesis:introduction, four chapters, general conclusions and recommendat ions, bibliography of 319 tit les, 212 pages of basic text. The results are published in 18 papers (1 compartment in a collective monograph, 6 scientific papers, 6 communications in collections of scientific conferences, 5 summaries of communications in collections of scientific conferences).
Purpose of the paper: realization of a complex research of the judicial inspection institution and o f reasoning its value in the process of st reamlining the act ivit y o f the judicial authorit y, in the dynamic of a consolidated justice, specific for a democratic governing regime. Objectives of the paper: to clarify the place of the judicial inspection body in the judicial system; to interpret the role of the judicial inspection body in streamlining the activity of the judicial authority; to demonstrate the substantial composition of the judicial inspection body; to distinguish the status of judicial inspectors in the process of carrying out their attributions; to synthesize the peculiarities of the competences of the judicial inspection body; to justify the value of the judicial inspection body in streamlining the activity of the judicial authority.
Scientific novelty and originality: as a novation, a so-called model of the judicial inspection body has been designed, through elucidation of inherent organizational and functional peculiarities of such a body of judicial control. On the same note, a proposal of reconsidering the control function of the judicial inspection has been launched in a unique way, through establishing of the function of investigative judicial inspector, to carry out operative activity.
Achieved result which contributes to solving an important scientific problem: resides in the demonstration of the strategic value of the judicial inspection body, as an indispensable element of the judiciary, fact that has generated the clarification of the place, the role, the composition, organizational and operational principles specific for the named institution, in order to direct the particular activity of analysis, verification and control to streamlining the activity of the judicial authority, in the context of an independent and consolidated justice. Theoretical significance: we succeded in the conceptualization of the degree of relationship between the judicial inspect ion body, the judiciary and its values, the argumentation of the substantial composition of the judicial inspection body, the evaluation of the level of functional independence that the judicial inspection must enjoy, the detection of areas that need normative and legal completion and improvement, the reconsideration of the control function of the judicial inspection etc. Applicative value: the content of the thesis is centered on the applicability of conclusions and recommendations on the organization and functioning of the judicial inspection body. The launched opinions are argued through the prism of international standards in particular fields of manifestation of justice and can be considered in the process of reformation of the judicial system, in order to streamline and conso lidate the nat ional just ice.
Implementation of scientific results: the basic scientific results have been argued and developed in scientific publications that may be of interest for the subjects directly involved in the reformation of the justice sector, as well as for theorists and practitioners in law, for students, masters and doctoral students at law.
Oficial Reviewers
- Elena Aramă
doctor habilitat, professor, Moldova State University - Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM - Gheorghe Avornic
doctor habilitat, professor, Moldova State University
Council's Members
- Rodica Ciobanu, president
doctor habilitat, associate professor (docent) - Andrei Negru,
doctor habilitat, professor, Moldova State University - Elena Aramă,
doctor habilitat, professor, Moldova State University - Andrei Smochină,
doctor habilitat, professor, Institute of History of the ASM - Gheorghe Avornic,
doctor habilitat, professor, Moldova State University - Oleg Pantea, secretary
doctor, associate professor (docent)
Theses
Under consideration [1] :
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