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Guaranteeing the realization of the property right by the public authorities of the Republic of Moldova


Author: Ojoga Mariana
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:2022
Scientific adviser: Ion Guceac
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 18 March, 2022 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.87 Mb / in romanian

Thesis

CZU 347.23:342.5(478)(043.3)

Adobe PDF document 2.51 Mb / in romanian
233 pages


Keywords

right to property, legal nature of the right to property, mechanism for guaranteeing the right to property, conditions of restriction of the right to property, legislative and executive authority, judicial authority, Constitutional Court, Ombudsman

Summary

Thesis structure: Introduction, 3 chapters, general conclusions and recommendations, bibliography of 591 titles, 178 pages of basic text, 13 annexes. The obtained results were published in 15 scientific papers.

Purpose and objectives of the paper.

Purpose: analysis of the activity of public authorities (legislative, executive, judicial and others) responsible for ensuring the realization of the right to property, by identifying legislative, jurisprudential and administrative gaps, which ultimately contribute to violating the right guaranteed by art. 46 of the Constitution.

Objectives:(1) analysis of the literature to determine the legal nature of the right to property and to identify the relationship of state power with the right in question; (2) researching the normative framework and studying the jurisprudence of the Constitutional Court in the field of art. 46 of the Constitution to: i) assessing the stage of involvement of the Republic of Moldova in guaranteeing the right to property; ii) identify the structural elements of the mechanism for guaranteeing fundamental rights in order to assess their sufficiency and effectiveness in guaranteeing the right to property; iv) determine the sphere of autonomy of public authorities in implementing measures to restrict the right to property; (3) the examination of the activity of the public authorities responsible for the application of the legal framework (executive and judicial authority) and the study of the ECtHR practice in cases against Moldova of conviction for violation of art. 1, Protocol no. 1 to the Convention, in order to identify the causes and public authorities responsible for the violation of the right to property; (4) the formulation of proposals for the law ferenda, in order to strengthen the mechanism for guaranteeing the right to property and empowering responsible for the violation of that right and some recommendations in order to optimize the activity of some public authorities.

The scientific novelty and originality of the paper consists in: systematization of theoretical and practical approaches to the conditions of restriction of the fundamental right to property; identifying the sphere of autonomy of public authorities in establishing restrictive measures; finding the causes and public authorities responsible for the violation of art. 1, Protocol no. 1 to the Convention; identifying new means of strengthening the mechanism for guaranteeing the right to property and new means of holding those responsible for violating this right.

The obtained results that contribute to the solution of an important scientific problem consist in the formulation of proposals of lege ferenda in order to strengthen the mechanism of guaranteeing the right to property and of some recommendations that will contribute to the efficiency of the activity of some public authorities.

Theoretical significance: identifying the premises for the constitutionalization of the right to property; establishing the legal nature of the right to property; systematization of theoretical and practical approaches to the conditions of restricting the fundamental right to property.

Application value. The obtained results can contribute to the correct and unitary application by the exponents of the public authorities of the normative framework of the property and to the avoidance of new convictions of the Republic of Moldova for violating art. 1, Protocol no. 1 to the Convention.

Implementation of scientific results can be achieved in the scientific, educational, legislative, jurisprudential and economic fields.