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CNAA / Theses / 2005 / July /

Constitutional regime of the Republic of Moldova and Ukraine (comparative law analysis)


Author: Eugenia Denciuc
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:2005
Scientific adviser: Gheorghe Costachi
doctor habilitat, professor, Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 1 July, 2005
Approved by NCAA on the 22 September, 2005

Abstract

Adobe PDF document – 0.97 Mb / in romanian
Adobe PDF document – 0.67 Mb / in russian

Keywords

constitution, Fundamental Law, the object of the constitution, the functions of the constitution, constitutionality, constitutionalism, constitutional control, constitutional legality, constitutional, regime, sovereignty, domination of laws, separation of rules in the state, the priority of human and citizen rights

Summary

Theme of the thesis submitted for the degree of Doctor in Law and science and practical character of proposed goals determined the need of a complex approach to the question of investigation of Moldavian and Ukrainian constitutional bases.

The first chapter of this work contains a good analysis of notion and essence of state constitution, from antiquity to our days, it is researched the social role and functions of the constitution in a democratic and law state and the problems concerning security and warranty of security of Moldavian and Ukrainian constitution. Author determines a new law and scientific approach to the meaning of constitutional security and presentation of the juridical mechanism of its ensuring.

The second chapter is dedicated to research of development of constitutionalism in Republic of Moldova and Ukraine, presentation of genesis and evolution of the notion and essence of constitutional growth, the notion of co-report between constitutionalism, basis of constitutional growth and constitutional system.

In the third chapter the author researched constitutional and juridical aspects of appearance of a democratic, social and law state in Republic of Moldova and Ukraine, the essence, content and place of sovereignty in creation of the constitutional growth, the principle of superiority of law as a basis of constitutional growth, realization of principle of power dividing on the current moment, the particularities of realization of the institute of liberties and rights of a human and citizen as the base of constitutional and democratic growth in Republic of Moldova and Ukraine.

On the basis of this comparative research of the bases of constitutional growth in Republic of Moldova and Ukraine the author elaborated science conclusions and recommendations concerning its creation and security.