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CNAA / Theses / 2012 / July /

The legal liability of the state in the domestic law (historical, theoretical and practical aspects)


Author: Moraru 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:2014
Scientific adviser: Dumitru Baltaga
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova
Scientific council: DH 34-12.00.01-05.10.11
Free International University of Moldova

Status

The thesis was presented on the 14 June, 2014
Approved by NCAA on the 9 October, 2014

Abstract

Adobe PDF document – 0.27 Mb / in romanian

Keywords

legal liability, the state as the subject of legal liability, basis for state legal liability, forms of state legal liability, state legal liability principles, normative approval of state legal liability, state legal liability mechanism

Summary

The legal liability of the state in the domestic law (historical, theoretical and practical aspects)”, doctor of law research paper. Specialty 12.00.01- General theory of law; History of state and law, History of political and law doctrines, Chisinau, 2012 The structure of the paper: The paper contains the introduction, four chapters followed by conclusions and recommendations, bibliography of 325 sources, 178 basic text pages. The results obtained are published in 9 scientific studies. Keywords: legal liability, the state as the subject of legal liability, basis for state legal liability, forms of state legal liability, state legal liability principles, normative approval of state legal liability, state legal liability mechanism. Field of study. The doctor research paper entirely deals with state legal liability, basis, forms, functions, principles and study of their place and role in normative low construction of legal liability. The purpose and objectives of the work. Multilateral and complex study state legal liability institution in different historical periods highlighting the genesis of formation and functioning of state legal liability based on law regulations in the Republic of Moldova and in other states. The scientific novelty and originality subsist in the circumscription of the approach to state liability law phenomenon in domestic law in terms of doctrinal legal analysis as well as practical as factors with determining impact on observance and protection of human rights. The paper addressed the historical and theoretical and methodological premises of state legal liability, its problematic in the history of legal doctrines, the theoretical and methodological basis of state legal liability in comparative law. The paper also contains the mechanism of legal liability of the Republic of Moldova state and ways to improve it. Solved scientific probleb consist in definig and determination of principles, functions, and forms and the legal liability of the its mecanism of operation in the Republic of Moldova. Practical value of the work. The paper, conclusions and recommendations on the essence, basis, forms, functions and principles of state legal liability, its relation to other forms of legal liability complement the theoretical and methodological basis of this scientific concept, and also guides to specific practical measures performed by the state, especially as to the protection of human right and freedoms in a state of law. Implementation of scientific results. The results of the research and the theoretical conclusions and practical recommendations can be used in the process of improving the legislation for developing and modifying certain normative acts, as the deficiencies that arise when handling state legal liability issues in domestic law can not be solved without theoretical conceptualization of the general principles. Also, the results of the research can be used to improve the curriculum of the I university license course and II master degree course, to develop courses and textbooks of General theory of law, history of law, history of law doctrines.