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CNAA / Theses / 2010 / July /

Scientific and legal regulation of the status of foreign citizens and stateless persons in Moldova


Author: Slusarenco Svetlana
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:2010
Scientific adviser: Sergiu Cobaneanu
doctor, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 9 July, 2010
Approved by NCAA on the 6 October, 2010

Abstract

Adobe PDF document – 0.39 Mb / in romanian

Keywords

legal status, legal regime, foreign citizen, stateless person, state of residence, immigrant certificate, residence permit, visa, deportation, reduction of staying period

Summary

Structure of the paper: introduction, 4 chapters, general conclusions and recommendations, bibliography of 245 titles, 148 pages of basic text, 6 tables. The results obtained are reflected in 8 scientific publications.

Field of study, the purpose and objectives of the thesis: The thesis contains a study regarding the pragmatic, theoretical and legal aspect of the foreigners and stateless persons’ legal status in Moldova. This study has the following objectives: to reveal the concept of foreign citizen and stateless person; to analyze if the rights and obligations of foreign citizens and stateless persons belong to public or private law; to do a comprehensive, complete and detailed study of the legal regime of foreign citizens and stateless persons in Moldova, as well as to study their legal regime provided by international agreements.

The scientific novelty and originality of the thesis is to complete the list of works dedicated to legal status of foreigners and stateless persons in Moldova; the author analyzed not only the legal status of foreigners, but reflected it in the context of socio-economic transformations in Moldova, by analyzing the Constitutional Court’s jurisprudence and ombudsman practice, etc.. An innovative idea proposed for the debate is the highlighting the different categories of visas and marking them with letters, depending on the visa issuing purpose.

Theoretical significance and applicative value of the work lies in using scientific conclusions and recommendations on constitutional aspects of the legal status of foreigners and stateless persons in the process of submitting proposals regarding the consolidation of the legislation governing foreign citizens and stateless persons entrance and staying in Moldova, rights and obligations of foreign citizens and stateless persons as well as leaving the territory of the resident state based on the need to assure the constitutional order in Moldova; it lies in the adjustment of legal framework in order to optimize the activity of the state bodies competent to supervise the staying of foreigners in Moldova; this paper can be used as a practical guide for foreigners on how to protect their legal rights and interests.

Implementation of the scientific results. The results can be used in teaching the university disciplines like: constitutional law, legal protection of human rights and international public law. The results of this study can be applied to improve existing legislation on the legal status of foreigners.