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Problems of the environment protection in the process of realization of the constitutional rights and obligations


Author: Vlaicu Vlad
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:2008
Scientific adviser: Dumitru Grama
doctor, associate professor (docent), Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 1 February, 2008
Approved by NCAA on the 17 April, 2008

Abstract

Adobe PDF document0.33 Mb / in romanian

Thesis

CZU 342.72/73:349.6 (043.2)

Adobe PDF document 0.97 Mb / in romanian
161 pages


Keywords

Constitution, right; freedom; obligation; environment; property of the natural objects and resources; the konscience about the environment domain; expression on the environment problems; ecological information; meetings to discuss environment problems; association in the organisation of the of the environment quality protection; participation of the public in making decisions about the environment; petition on environment problems; access to law on environment problems; ecological damage; state´s obligation in protecting the environment; individual person´s obligation in protecting the environment; legal entity obligation in protecting the environment

Summary

In the Republic of Moldova, there are no fundamental researches, which treat the environment protection in the process of the constitutional rights and obligations. This thesis is the first scientific research of the monographic type in our country dedicated to the enlightenment of these problems and search for the optimal and effective methods of their solution.

In this research the separate issues on the appearance and evolution of the process of the environment protection, the appearance and evolution of the rights and freedoms of the individual in the environment, the opinions of the lawyers on the issues appearing in the process of realization of the constitutional rights, freedoms and obligations by the individual in this field, role of the state and its authorities in this process, the concepts and definitions, which exist in the science are characterized. The efforts were made to show the own positions on these issues.

The research is made to enlighten the problems appearing in the process of realization of the fundamental right in the healthy environment; the right of ecological information; as well as the rights derived from the fundamental rights in this field: freedom of speech and opinion on the issues o the environment, freedom of assembly and right of association in the organizations of the environment quality protection; as well as the guaranteed rights, such as the right of appeal, of justice and of indemnification for the ecological damage, etc. Moreover, the research was made on the right of each individual to life, physical and psychical integrity in the healthy environment; right to the ecological training and education; right to work in the healthy environment; right to health protection in the healthy environment; as well as the right to free travelling, election of residence in the healthy environment. In the research it is pointed out that the rights and freedoms in the field of environment cannot be realized without the obligation of environment protection, that’s why the obligation of the individuals and legal entities, the obligation of the state and its authorities to protect the environment occupies a very important role in the research.

The research is ended with a number of conclusions and recommendations on the modification and completion of some articles of the Constitution of the Republic of Moldova, Law on the Environment Protection as well as of the other legal acts.