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Systematization of legislation and its forms


Author: Tentiuc Elena
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2022
Scientific adviser: Ion Postu
doctor, associate professor (docent)
Institution: Free International University of Moldova

Status

The thesis was presented on the 30 August, 2022
Approved by NCAA on the 25 November, 2022

Abstract

Adobe PDF document – 0.86 Mb / in romanian

Thesis

CZU

Adobe PDF document 2.61 Mb / in romanian
198 pages

Keywords

legislative technique, systematization of legislation, codification, recodification, incorporation, consolidation, codified act, code

Summary

Thesis structure: Introduction, four chapters, general conclusions and recommendations, bibliography of 304 titles, 151 pages of main text. The obtained results are published in 6 scientific papers, the total volume of publications on the topic is 3.3 author’s sheets.

The aim of the thesis consistsin the complex research of the legislative systematization activity from the perspective of the general theory of law, identifying the problems related to its theoretical substantiation, conceptualization of the phenomenon in general and in particular, by elucidating the characteristic features of its manifestations and highlighting normative gaps and doctrinal shortcomings.

Research objectives: research of legal doctrine and analysis of the normative framework for identifying existing opinions, theories and provisions and defining the concept of systematization of legislation and its core elements, along with highlighting of its place among legal activities; identifying the inherent features and defining the concept of incorporation as a non-legislative systematization activity and conceptualizing consolidation as an independent form of systematization of legislation and defining it; identification and analysis of the characteristics of codification as a superior form of systematization of legislation; revealing and substantiating the concept of "recodification"; defining the concept of "code" as a material result of codification and analyzing the features and types of codified acts; formulating the recommendations and proposals de lege ferenda for the modernization of the legal framework in the field of systematization of legislation.

The scientific novelty and originality is determined by the essence of research, which is a first study in national doctrine dedicated to the systematization and analysis of its forms, the paper containing a series of conclusions and recommendations that complement the legal issue in the field of systematization of legislation in highlighting new concepts, as well as in strengthening and supplementing existing presumptions in the science of general theory of law in the Republic of Moldova, as well as improving the existing national regulatory framework.

The results obtained that contribute to solving an important scientific problem consist in substantiating the conceptual framework of the specific and applicable forms of systematization of legislation, having the effect of highlighting the adjacent conceptual elements and exposing original definitions and visions, to fill regulatory gaps and theoretical guidance. towards a comprehensive approach to the systematization of legislation. The theoretical significance consists in formulating its own definition of the concept of systematization of legislation as an activity of legal technique and the analysis of its defining elements; proposing own definitions of the concepts of "incorporation", "consolidation", "code"; defining and substantiating the concept of "recodification" as a form of codification.

The applicative value of the research is reflected in the use of the results obtained in the daily activity of broad categories of legal professionals and is manifested in several proposals de lege ferenda, designed to contribute to filling regulatory gaps, strengthening and the evolution of legal regulations, in particular by completing and amending Law no. 100 of 2017 on normative acts, but also the proposal to the Legal Information Resources Agency to implement the field “classification code” within the SIA “State Register of Legal Acts of the Republic of Moldova” and to ensure the possibility to query the database according to this criterion, as well as in didactic-disciplinary plan, as a didactic source used in the study of the systematization activity within the course of general theory of law.

Implementation of scientific results. The basic elements, the primary theses, the conclusions and the results of this research were approved by participating in conferences and exposed in doctoral student publications in conference materials and accredited specialized journals, which contributed to enriching the local theoretical framework. The novelty elements derived from the research are used in the study process when teaching the discipline General Theory of Law within the Faculty of Law, ULIM. A special address, containing a practical proposal, was sent to the Legal Information Resources Agency. 7