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CNAA / Theses / 2005 / July /

Evoluţia justiţiei militare în România


Author: Gheorghe Cosneanu
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2005
Scientific adviser: Elena Aramă
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 2 July, 2005
Approved by NCAA on the 27 October, 2005

Abstract

Adobe PDF document0.21 Mb / in romanian

Keywords

military justice, military college, military court (instance), military prosecutor s office, military tribunal, military jail, infraction comitted by militars, infraction against order and military discipline, infraction on battle field, infractions specific for military navy and aviation, punishments and sanctions applied to militars, judicial procedure, organising principles, public ministery, first instance(appearance), appeal instance, recourse instance

Summary

The tight relation between the social life and law is explained through the fact that studying the law in its historical development, unquestionably, represents knowledge regarding the state and people history.

The thesis for obtaining the Doctor’s Degree is dedicated to the military justice and is devided in three chapters, in concordance with the periods of the Romanian law, where the organization, competence and evolution of the military justice institution are analyzed.

In the first chapter the elements of the military justice in the antique period and in the Middle Age are presented; the second chapter presents the military justice in the modern epoque and in the third chapter the legislative measures on the way to reach the contemporarily standard are analyzed.

Referring to the main stages of the state and law development, we consider that the army and the military are distinguished as a component part.

The military had and have a double quality – of citizens and soldiers. As citizens, the military is subordinated to the norms common to everybody, as soldiers they have important duties and must have defined behaviour, which is stipulated by special laws and which often are radically diferent from the usual behavioural norms.

Some unimportant omissions in the civil life can become important in the conditions of the military life. Because on this reasons, during the history, it was considered necessary that the military who break the law to be judged by persons who are acquainted with the specific nature of the military life and which have a military and juridical background.

This specialists are able to take adequate punishment measures and thus they will contribute not only to the consolidation of the military justice and also to the defense capacity of the state.

The persons who investigate and judge in this cases must proceed in such a manner to maintain the permanent confidence of the subordinates in the competence of the superior departments, which constitutes a decisive factor in maintaining the military order and discipline.

In an objective manner, the dates presented certify the fact that the existence of the military justice does not run counter to the principle of the citizens equality in front of the law and the inauspicious state of the military justice in the totalitarian regime is explained not through the essence of institution but through the essence of the regime, which used the military institution for political purposes, as in the case of other institutions of the state.