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Исторические особенности фомирования института ответственности представительных органов местного самоуправления на этнических украинских территориях The research of the historic development of the institution of liability of the representative bodies of local government on the ethnic Ukrainian territories from ancient times to the resumption of Ukraine’s independence in 1991 is conducted. Particular attention is paid to the historical events that influenced the formation and development of representative bodies of local government. For the first time, taking into account the historic stages of the development of local government on Ukrainian territories, the process of the formation of the institution of liability of representative bodies of local government on Ukrainian territories is divided into periods.
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Alianţele – mijloace de realizare a intereselor statelor Formation of an alliance is possible only when two or more states have common interests, they seek to promote their relations with third powers either by peaceful means or military ones, when required. Geopolitical alliances does not mean friends. Alliances cannot be disinterested. If we extend friendship to the point where a man gives his life for his friends, in states this does not happen. Running a state includes the obligation to protect the interests of its own people.
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Feminismul socialist românesc: origini şi manifestări In Romania, feminism enshrined the multiple debt policy for women, universal ‘comrade’ became amid the burial of individual rights, individualism and self-interest. History has so evolved that the ‘ladies’ demanded rights which were not fully given and the ‘comrades’ entered the multiple duties era. The Romanian feminism encouraged a kind of egalitarianism, encouraged women’s participation in the decision-making bodies through the quota systems, but it did all these by counter-selection. The arriving of communism gave prevalence to female workers and peasant women. Educated women, intellectuals, could not have prominence. The female choice criterion was their loyalty to the party, and not their professional qualities; this procedure was applied to men, too. At the same time with taking care of education and children, it imposed an ideological and cultural monopoly. The lack of economic performance produced a society of scarcity, where survival, by impoverished means, was left especially in the women’s care. Later state control reached an absurd level, such as the pro-natal policy, when women lost the freedom to decide on sexuality and reproduction. Thus, since 1966, in Communist Romania, abortion was banned, leading to the death or imprisonment of many women who had illegal abortions, as well as to a large number of abandoned children and orphans. The ideological project of the ‘new man’, without gender features, meant a homogeneous education, denying diversity, attacking male and female values and allocating the party-state discretionary patriarchal power in both spheres.
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Infracţiunea de bancrută frauduloasă săvârşită în forma prevăzută de art. 241, alin. (1), lit. c) din Codul penal român The present Romanian economic situation, as well as the effort of finding solution to the multitude of situations occurring in the activities of the companies regulated according to Law no. 31/1990 have led, in the recent years, to a major change in the legislation of the main legal fields. As such, an important number of economic criminal dispositions previously regulated in the special laws suffered changes and were transferred in the regulations contained by a new Criminal Code, in force since February 15, 2014. The current paper aims to present the offence of fraudulent bankruptcy committed through the alienation of the insolvent debtor’s goods in the detriment of its creditors. The way the paper is divided takes into concern the two actions that can be brought in front of justice according to criminal procedural law: the criminal action into court and the possibility of joining a civil action into court in the same criminal trial, from a historical perspective to the legislation to date.
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Rolul Preşedintelui Republicii Moldova în procesul controlului constituţionalităţii legilor anterior promulgării The role of the President of Republic of Moldova in the process of checking the constitutionality of laws before their promulgation is reviewed and determined in this article. The investigation aims to identify current issues that arise at implementing the presidential right to appeal to the Constitutional Court on the constitutionality of laws submitted for promulgation. There are also presented some proposals to improve national legislation for a better realization of this right. Both legislation and other states’ practices on the implementation of respective right have been analyzed in order to identify solutions.
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Государственный контроль на региональном уровне в условиях реформирования местного самоуправления и территориальных органов исполнительной власти Украины The article deals with the formation of effective state control at the regional level in the context of increasing globalization and regionalization in the implementation of public policy. The problem of state control in terms of reforming the territorial executive authorities and local self-empowerment is considered a separate line of development functions of local state administrations concerning the control at the regional level, including the activities of local authorities in respect of compliance with their decisions and norms of the Constitution and Ukrainian legislation.
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Impactul activităţii organizaţiilor internaţionale regionale în cadrul promovării şi asigurării stabilităţii colective The article describes the issue of the impact of regional international organizations in promoting and ensuring collective stability. The author proceeds to a thorough characterization of international organizations, what they represent, and which were the effects of their proliferation. The researcher analyzed the main international organizations with regional vocation whose activity is directed towards the assertion of collective security and stability – the League of Arab States, the Organization of Islamic Cooperation, the Organization of American States, the African Union, the Commonwealth of Independent States. Although the consolidated efforts of the regional organizations have certain positive aspects, their activity is far from flawless and the existing political crisis and the behavior of large states mark their future course to obscure finalities.
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Securitatea Uniunii Europene în contextul extinderii The increase of interdependence between the states has created the situation, when the ensuring of its own security becomes impossible without ensuring others’ security. The emergence of global issues leads to the inevitable conclusion that these cannot be solved solely through the efforts of a single State, but only through joint efforts.
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Diplomaţia economică ca instrument de realizare a intereselor naţionale Economic diplomacy is traditionally defined as the decision-making, policy-making and advocating of the Sending state’s business interests. Economic diplomacy requires application of technical expertise that analyze the effects of a country’s (Receiving State) economic situation on its political climate and on the sending State’s economic interests. The Sending State and Receiving State, foreign business leaders, as well as government decision-makers, work together on some of the most cutting-edge issues in foreign policy, such as technology, the environment, and HIV/AIDS, as well as in the more traditional areas of trade and finance. Versatility, flexibility, sound judgment and strong business skills are all needed in the execution of Economic Diplomacy. International and Domestic economic issues. This includes the “rules for economic relations between states” that have been pursued since World War II. Owing to the increased globalization and the resultant interdependence among states during the 1990s obliges “economic diplomacy to go deep into domestic decision making” as well. This covers “policies relating to production, movement or exchange of goods, services, instruments (including official development assistance), money information and their regulation” (Bayne and Woolcock).
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Informatizarea sferei Cercetare-Dezvoltare-Inovare din Republica Moldova în perioada 2009-2013 Application of ICT for RDI activities creates an efficient and transparent environment for research and innovation. Monitoring the computerization in this area enables the identification of strengths and weaknesses, opportunities and threats, which as a whole, may contribute to qualitative reforms in this area.
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Историческое влияние градостроительства на формирование государственной политики в сфере благоустройства населенных пунктов The research object of this article is to examine the historical impact of urban planning issues in public policy in the area of beautification of human settlements. The article describes historical examples of requirements for the construction of cities and their territories, and other public facilities in the settlements. It is determined that the formation of public policy in the field of urban development, where great importance is assigned to the area of improvement of human settlements. Also, the range of socio-economic, health and hygiene, engineering and architectural issues covering urrent improvement of settlements and the principles of policy development in the area of beautification of settlements have been determined. The paper takes into consideration the application of the Landscape Convention, which is recommended in the formation of public policy in the area of improvement of settlements, and which subsequently has become a global gain value.
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Formarea echipei performante în managementul de proiect Team building is a philosophy of job design in which employees are viewed as members of interdependent teams rather than individual workers. Team building refers to a wide range of activities undertaken by businesses, schools, sports teams, and religious or nonprofit organizations designed for improving team performance. According to Dyer in 2007, team building was originally a group process intervention aimed at improving interpersonal relations and social interactions and has developed to include achieving results, meeting goals, and accomplishing tasks.
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Impactul şomajului asupra securităţii economiei naţionale a Republicii Moldova Based on previous experience of the impact of unemployment on the national economic securities in the Republic of Moldova, this article proposes some directions for improving the situation in our country.
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Unele reflecţii juridice privind regimul legal al muncii de noapte în instrumentele internaţionale, în actele normative ale Uniunii Europene şi în reglementarea Codului Muncii al Republicii Moldova Night work has been a matter of serious concern for the international bodies, both at European Union and international levels. As evidence of such disquiet is the Convention of the International Labour Organization concerning Night Work no.171/1990 and the Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organization of working time. In this article, the authors highlight the concepts of “night work” and “night worker” through the national legislation and international instruments, and also analyse the compatibility of the national legislation pertaining to night work with the standards of the International Labour Organization and the directives of the European Union.
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Reflecţii asupra esenţei procedurii contravenţionale We are used to the fact that progress in law science reflects itself into the emergence of new institutions of law. Not less of an importance represents the deepening into the essence of law of the already existing institutions. The logical path traveled by the contravention law through its separation of the administrative law, is to be continued and „adjusted” so that clarity is obtained, concerning the matters of essence, substance and shape of this branch of law. In this sense outlining a clear idea about the existence of a distinct branch 0f law such as procedural law contravention would allow us to talk about the identity of distinct procedural relationships, and as follows it will enable the development of the legislative framework in this segment, thus ensuring clarity in the application of procedural legal norms for contravention.
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Realizarea esenţei, conţinutului şi funcţiilor creditului de către Banca Centrală The authors are conducting research into the problem of the essence and the functions of the loan. Special effort is paid to the identification of the constitutive elements of a loan. The author is arguing that the loan has a major impact not only on the economy, but on the people, taking into consideration the fact that it is hard to find someone who does not have o reimburse a loan to a bank. That is why it is important to underline the functions of the loan and to conduct research in order to find out how the Central Bank and the commercial banks ensure the realization of those functions.
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Răspunderea juridică a magistraţilor din Republica Moldova şi România The legal regulation regarding the legal liability of magistrates currently represents an innate desideratum of any democratic state. The legal liability of magistrates comes in different forms, as seen in laws both specifying their statute and also qualifying corresponding liability actions and ways of assessing them. This article rediscovers various aspects of regal regulation provided by the legislation of the Republic of Moldova on the legal liability of magistrates and also presents the author’s position on this issue.
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Modalităţi de gestiune a serviciilor publice Every public service must be established and managed based on citizens’ needs. On the other hand, citizens care less about who is the service provider, as long as the service is continuously provided. In other words, public administration must not carry the “burden” of organizing and managing public services on its own. It is a task that can be delegated. Scholars in the Republic of Moldova call this situation indirect (delegated) or conceded public service management. A brand new option of indirect management established in our country is also the public-private partnership. There are, however, some public services whose importance for the state is too great, thus making their delegation to private persons impossible. Ultimately, public administration is the one to decide which the optimum option for managing a public service is. The decision must be made based on existing legal framework, users’ wishes, and sometimes international experience. The most important thing is that public administration authorities and final users do not lose control over a public service which is indirectly managed. This becomes even more imperative now, given in our current legal framework there are several unclear stipulations, which, in some situations of delegated public service management, could be interpreted not in the benefit of public administration and citizens.
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Relaţii politico-administrative în statele UE: o dihotomie regândită de Noul Management Public New public management (NPM) proposes to redefine politico-administrative relations based on the differentiation between the development and execution of public policies that is typical of the “executive agencies” model. A comparative analysis of the effects of NPM in four European countries (B, F, NL, and RU) reveals mixed results for the changes observed in the roles of senior civil servants and their position relative to political power. The change in politico-administrative relations in each of these countries is determined both by general factors associated with the political system that have been forged throughout the country’s political and administrative history (for example, the State’s legitimacy), and specific factors connected with the status, role, or social position of senior civil servants (e.g., the duration of their appointment).
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Aspecte legale privind procesul de constituire a autorităţilor administraţiei publice locale în Republica Moldova Organization and functioning of local public administration authorities in the Republic of Moldova is obviously based on the existing legal framework. However, we must consider the fact that legislation is quite dynamic, and thus many of scientific papers on the topic are no longer up-to-date, given the laws have been amended. Moreover, public administration, including local public administration, is a dynamic system. Both the essence and the content of social needs are evolving, and it is imperative for the public administration’s duty to satisfy these needs to evolve as well. In other words, organization and functioning of local public administration authorities must adjust quickly and efficiently to the new realities. And in order to achieve this with maximum impact, scientific research must be carried out.
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Европейская составляющая процесса подготовки государственных служащих Украины в сфере европейской интеграции The article highlights the significance of applying an European component approach in the training of public servants who deal with European integration issues. The definition and the structure of an “European component of public servants’ training” with a focus on the lifelong learning concept are given, and the current state of affairs in Ukraine is outlined.
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Geopolitica Mării Negre: sinergii de valori şi interese The fate of populations living around the Black Sea is related to the crossroads situation, to political fragmentation and to the struggle of outside powers for zones of influence. These elements have been combined in different ways; times of stability and prosperity have been succeeded by periods of war and destruction and vice versa. After the stability of the Cold War, geopolitical problems are threatening again this region; however, new opportunities appear as well. The BSEC can contribute to progress by reinforcing networks, by promoting globalized strategies and by developing an image of the Black Sea Region as a geo‐cultural and geo‐economic entity.
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Компаративный анализ занятости населения в инновационном секторе экономики Украины и стран мира This paper presents an analysis of the employment of population in the innovation sector of economics of Ukraine and other countries of the world. The study of innovation index and the employment situation of the population in the spheres of economics were investigated. The sphere of employment in the tertiary sector of economics is represented as a progressive, high-tech and innovative generator of the country development as well was considered more thoroughly.
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Controlul constituţionalităţii legilor „a priori” versus „a posteriori” In this article we conduct a research into a highly controversial subject. We mean the constitutional control of laws in its 2 basic forms: the previous control and the posterior control. We conclude that previous control is an abstract one and enjoys certain advantages: - Removes the constitutional conflict until the entry into force of the law; - Reduce the period of notice and consideration; - Is a formula that puts in a certain relationship parliamentary sovereignty and judicial review and absolutely does not violate the prestige of the legislature; - Contribute to the legislative stability and removes negative consequences that may result from posterior control in cases where laws have been declared unconstitutional. By posterior control of the constitutionality we distinguish the constitutionality of laws and other normative acts after their entry into force. Posterior control exists in the states where the constitutionality of laws is exercised by the courts of common law and in the states in which control is exercised by the constitutional courts (tribunals).
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The role of communication in preventing and managing interethnic conflicts În prezentul articol sunt elucidate diverse forme ale comunicării, aplicate în contextul prevenirii şi gestionării conflictelor interetnice, dependente de natura actorilor implicaţi în acest proces, de modul concret în care ea se realizează, de scopul urmărit în procesul de comunicare, de canalele şi mijloacele prin care aceasta se realizează.
Revista „Administrarea Publică” - Nr. 1 (81), ianuarie - martie 2014