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CNAA / Theses / 2009 / June /

Theoretical and practical problems of realization of law in a law-state


Author: Cuzneţov Alexandru
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2009
Scientific adviser: Gheorghe Avornic
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 25 June, 2009
Approved by NCAA on the 1 October, 2009

Abstract

Adobe PDF document – 0.31 Mb / in romanian

Keywords

legal state, legal behavior, justice, action, fact, activity, forms of legal behavior, execution of legal regulations, exercitation of law, observance of legal regulations, application of law, legal behavior and mechanism of the realization of law, human attitude towards the legal egulations, law fact, social regulations, legal regulation, legality, law, primacy of law, unity of law, opportunity of law, law interpretation, applications documents, gaps in law, realization of legality, society, social order, legal order, legal conscience, legal principles, free access to justice, Constitution of the Republic of Moldova, subjects’ behavior during the realization of justice, judicial instances’ behavior, mechanisms of maintenance of legality and of legal order, judicial responsibility.

Summary

Main purpose of investigation contained in presented work is to examine the juridical phenomenon of edifying the state of law, from the view of realization of the law. In Republic of Moldova, it is lack of any fundamental investigations that deal with the problem of realization of law in the process of edifying a state of law. Presented work is the first scientific research, of monographic type, accomplished in our state, consecrated specially to elucidate these problems and to find the most optimal and efficient solutions for them. The main goal of such investigation is to edify a democratic and law-state.

All theoretical ideas mentioned in the work are directed to form unitary concept about achievement of the law, as a fundamental concept of law, from the view of the placement and importance of it in the process of edifying a state of law.

Approaching this very complex subject, determined us to take into account some aspects that for the first sight are very well-known, but which in reality are full of juridical, philosophical, psychological and social connotation. As a result of our investigation on that issue – the work proposes a new model of approaching the juridical phenomenon, which configuration includes the fundamental aspects of the law-state and the law’s achievement.

Each investigation is accomplished through a special approaching method. In such a way, using different methods – some of them general, other specific, was modeled the researching program and in the end, also the results of the investigation. Methodical and theoretical research is made up of works of different scientists in law, as well as of works of the scientists from other domains that are very close to law science.

While studying the problem we’ve been managed by the idea that achievement of the law is a very complex phenomenon that should be approached not divergent, but convergent. As the result, taking into account the principal of convergence and of systemic analysis the presented work contains a scientific multilateral and interdisciplinary investigation from theoretical as well as practical point of view.