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Perspectivele codificării legislaţiei ecologice în Republica Moldova - aspecte generale Codification as a systematization process of including all juridical norms of a given legal branch and processing its contents, allows the elimination of old materials and the systematization of the norms of new normative acts with their specific contents. Due to the process of codification, regarded as a cleaning process similar to a legislative catharsis, appearance of the first codes in the XVII-XVIII centuries in Austria, Prussia, Spain, Portugal, Denmark and France was made possible. The Prussian Code of 1724 and Sardinia Code of 1723 can serve as examples of older codes. In our country the oldest codes were known under the title of ‘pravile’. In the present paper, the author does not aim at studying the multiple aspects concerning the codification but undertakes some attempts to answer the questions: How is codification conceived? How can ecologic legislation, in general, and the Law of the Republic of Moldova on Environment Protection, in particular, be examined as an object of codification?
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Domeniul şi limitele acţiunii dreptului The human activities are regulated activities, guided also by a complex normative-legal system, designed to promote the further development of the social life, to improve its quality. To this extent, a great importance pertains to the establishment of the field and limits of the action of law. Far from being an abstract notion or from being completely figured out, this issue requires, no doubt, a special focus on it. The successful and efficient solving of it allows, first, considerably broadening the usage of the possibilities of law in view of stimulating the legal activities of the human beings, second, to determine the categories and the kinds of the social behavior, which apparently are being legal, in fact being illegal by their nature and consequences.
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Дмитрий Кантемир – Государствоведческая и научная деятельность The author has the purpose in this study to demonstrate the special role of Cantemir dynasty, and firstly, that of the ruler, the state, culture and science man Dimitrie Cantemir in strengthening Moldovan statehood during that period, in establishing and developing relations of friendship and lasting alliance with Russia. This attempt is successful by scientific and historical-literary draining of the great historical novel of the famous Russian writer Z.C. Cirkova “Maria Cantemir: vizier curse” proposed to receive the Republic’s Moldova National Award for the year 2008. The author has performed a profound analysis of Peter the Great relations with Moldovan ruler, but especially with his daughter: the beautiful, erudite and full of dignity Maria Cantemir, stressing the relations for centuries of good-neighbourly and friendly relations between Moldova and Russia.
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Возрастание роли государства и публичного управления в условиях становления рыночных отношений The public awareness is increasingly dominated by a view that the world is not ruled by the market, as liberals like to say, but by the State, especially if it wants to achieve harmonious development of the modern society. As the famous American economist and sociologist J. Galbraith says, in fact, the market economy relies, as a rule, on unplanned, unmanaged system of many producers of products, goods and social services. These producers in fact, do not know the customers’ desire, and what is more important, they almost do not know the customers’ status of the purchasing capacity, both internal and external.
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Etica şi eticheta funcţionarului public (II) In the Republic of Moldova, the issue concerning the ethics of the public servant was discussed at the plenary meeting of the Parliament and on February 22, 2008 the Law on the Code of Conduct of the Public Servant was adopted. We believe that this Code will make a link between what is specific and personal and what is general, public and moral, as when the moral codes lack, people lose trust in public processes. Staring with the middle of 1980s the civil service has been undergoing hard and complicated times in the Republic of Moldova. The administrative competence is constantly worsening due to a formalist fragmentation into a multitude of hostile camps, confronted by centrifugal forces of politicians who reduce themselves to only one problem outside the new policy of litigation within a system of intergovernmental relations, which neglects the administrative control.
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Perspectivele geopolitice ale statalităţii moldoveneşti (II) The Moldovan statehood has its origin in the XIV century when the Principality of Moldova was created to the east of the Carpathians. As a pro-state bordering formation, it played the role of a bumper between the civilized Europe and the barbarian world. Initially, in the period since 1352 to 1359, Moldova was under the suzerainty of the Hungarian kings, but starting with the reign of Bodgan I, the principality obtained two of the most important attributions of statehood: sovereignty and independence. Even though the notions of sovereignty and independence were at that time notions somewhat different from the modern ones, it is probably not the case to overestimate their role in the political life of any state. In 1359-1538, the period when the Moldovan state was flourishing, the Principality of Moldova ascertained by itself its internal and external policy. The possibility to consolidate the fledgling Moldovan society and to establish political, economic and military relations with its neighbors appeared namely then. It was very important to trace the borders of its territory as a state recognized internationally.
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Formarea Statului Moldovenesc şi constituirea sistemului tradiţtional de administrare (IV) The foundation of the Moldovan State, six and a half centuries ago, is perfectly integrated into the complex historical process of the configuration of medieval states conceived as superior form of organizing the social life within some well-established territorial spaces. These historical phenomena of major importance led to the establishment of some individual administrative systems within each newly created state. The elucidation of the process of forming the Moldovan State and the creation of its administrative system allows us to undertake analysis regarding the formation of state institutions and of administrative system of all levels.
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Vladimir Voronin: O conjunctură mai bună decât acum pentru reglementarea diferendului transnistrean în Moldova n-a existat niciodată STIMAŢI ZIARIŞTI, Vă salut pe toţi la tradiţionala noastră conferinţă de presă de totalizare. Lista problemelor este destul de mare. Оn cuvоntul meu introductiv voi căuta să fiu cоt mai succint, pentru ca să pot răspunde cоt mai cuprinzător posibil la toate оntrebările D-voastră. Оn acelaşi timp, materialele care au fost pregătite pentru această оntоlnire au o anumită particularitate. Mulţi indicatori – economici şi sociali – sоnt comparaţi cu cei de acum opt ani. Nu este vorba de vreo оncercare de a părea mai convingător. Pur şi simplu, se оncheie cel de-al doilea mandat al preşedinţiei mele şi eu, vrоnd-nevrоnd, trebuie să оncep a-mi da darea de seamă pentru оntreaga mea perioadă de activitate. Deşi nu voi abuza prea mult de asemenea comparaţii.
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"Tratat de protocol şi comportament civilizat" - O carte mult aşteptată Această carte, premieră naţională оn materie, constituie o frumoasă prezentare ştiinţifico-practică a protocolului, ceremonialului şi bunelor maniere, apariţia ei fiind mai mult decоt salutabilă оn Republica Moldova după anii nouăzeci оncoace ai secolului trecut. Regretabil, de la 1762- an cоnd оşi face apariţia оn Ţara Moldovei Condica ce are оntru sine obiceiuri vechi şi nouă a prea оnălţaţilor Domni scrisă de Gheorghaki, al doilea logofăt, din porunca Domnitorului Grigorie Calimachi alte surse de informare privitor la traiecto-ria protocolului şi uzanţelor moldoveneşti nu sоnt atestate.
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Важный вклад в развитие исторической науки Республики Молдова Отзыв на монографию проф. Л.Е. Репида «Суверенная Молдoвa: История и современность», Кишинев, 2008, 384 стр.
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Transparenţa administrativă: un element intrinsec al modernizării administraţiei publice The article aims at revealing some theoretical and practical arguments regarding the achievements of the public administration reform. In order to clearly define the mechanism for the modernization of public administration through the prism of administrative transparency, the author proposes that the Government of the Republic of Moldova elaborate a Multiannual Program for the Modernization of Public Administration, whose objectives shall foresee the master-mind and the promotion of actions for the modernization of the central and local public administration in the Republic of Moldova.
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Mecanismul de coordonare a activităţilor de perfecţionare profesională a personalului din administraţia publică The public administration modernization is the first step necessary to perform by the Republic of Moldova in the process of European Union Integration and can be accomplished only by competent well-prepared personnel. The creation of a modern and efficient public administration is based upon the competences of a whole group of civil servants that consists of an adequate process of training, as well as an adequate academic staff. Taking all this into consideration, the bill of Law regarding the civil service and the civil servant status describes in a separate chapter the process of civil servant professional development. The new system of public service has to take into account the fact that a modern and efficient public administration has to be in the citizens’ service. Therefore, it is up to time to create a coordination mechanism of the training process of central public administration authorities’ personnel accomplished by different service offers in the domain. The Government of the Republic of Moldova offers a high attention to the training activities coordination, thus, this objective was included in the Plan of Actions regarding the Strategy of Central Public Administration Reform accomplishment for the year 2008.
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Finanţarea cheltuielilor în instituţiile de învăţământ. Metode şi principii In this article the author makes a detalied analysis of the estimate calcules of the expences for the public education; the activity indexes for the public education are being calculated using several formulas. The author argues, that the plauning of the expences for financing the education is a difficult process and all the activity indexes of the institutions should be taken, into account according to their lives of studies; the public expences in the Republic of Moldova are analysed according to their economic weight in PIB. The dynamics of the expences in the institution of public education in Chişinau is quite interesting. The analysed date prove that the biggest part of the real expences taken for a pupil go to the work remuneration (60%-70%).
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Comparaţie între statutul funcţionarului public şi codul muncii The International Labour Law- made up of the total of norms compiled by the international bodies with attributions in this field, first of all, the International Labour Organization, the European Council and the European Union- concerns the improvement of the employees’ work and life conditions, the relations between the employees and employers.
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Constituirea sindicatelor, baza dreptului constituţional de asociere According to the Law on Syndicates (No.1129-XIV/2000), Trade Unions are defined as social organizations formed on benevolent principles of entities united by common interests, including the ones that deal with their activity and which are constituted in the aim of defending the professional, economic, labour and social collective and individual rights and interests. The present article reveals the fact that according to the legislation in force different categories of people can form a syndicate. Employees, public functionaries, free lance professionals (lawyers, notaries) etc can be among these. Neither the Code on Labour of January 28, 2003, nor the Law on Syndicates restricts the citizens’ rights to associate in trade unions.
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Perfecţionarea procedurii de ridicare a excepţiei de neconstituţionalitate în Republica Moldova The most important victory of the judicial and law reform in the Republic of Moldova, which gives independence to the judges, is in our opinion the right of judicial bodies not to apply normative acts contravening the Constitution in the solution of either civil, penal or administrative conflicts. In such cases, the legal institutions have the right to request the control of the constitutionality of the applicable normative acts in the solution of conflicts in whose aim the legislator has introduced the procedure of checking the exception from constitutionality.
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Decret pentru promulgarea Legii privind Codul de conduită a funcţionarului public
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Promovarea interesului naţional - misiunea administraţiei publice: tradiţii, relaţii şi perspective The national interest, as an active expression of the vital needs of the state that determines the formulation of the external policy and its relations with other states, has its own formation and promotion conditions and problems. Those connected with historical traditions, the national element and the receptivity potential, when influenced by the external factor, remain the determining ones. The author of the present article mentions that one of the characteristic peculiarities of the transition period from the command administrative system to the democratic one and the market economy is manifested not only through the politicization without precedent of the social life, through major difficulties in the process of formation, awareness and promotion of the national interest of the new independent states, but also through determining the place and the role of public administration in this process.
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Etica şi eticheta funcţionarului public In the Republic of Moldova, the issue concerning the ethics of the public servant was discussed at the plenary meeting of the Parliament and on February 22, 2008 the Law on the Code of Conduct of the Public Servant was adopted. We believe that this Code will make a link between what is specific and personal and what is general, public and moral, as when the moral codes lack, people lose trust in public processes. Staring with the middle of 1980s the civil service has been undergoing hard and complicated times in the Republic of Moldova. The administrative competence is constantly worsening due to a formalist fragmentation into a multitude of hostile camps, confronted by centrifugal forces of politicians who reduce themselves to only one problem outside the new policy of litigation within a system of intergovernmental relations, which neglects the administrative control.
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Aport important în promovarea interesului naţional pe arena internaţională Pe parcursul anilor de independenţă Republica Moldova a devenit actor al relaţiilor internaţionale, care are drept priorităţi consolidarea independenţei şi suveranităţii ţării, asigurarea integrităţii teritoriale, afirmarea statului democratic оn calitate de factor de stabilitate pe plan regional.
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Istorie, orizonturi, activităţi şi conţtinuturi de studii manageriale Drept precursori ai Direcţiei management public pot fi consideraţi Catedra management şi Catedra sisteme informaţionale, create оn anul 1996, avоnd ca scop instruirea şi educarea unei noi generaţii de manageri şi funcţionari publici, cu un nou tip de gоndire, care ar corespunde noii situaţii economice, politice şi sociale (tranziţia la economia de piaţă, globalizarea, revoluţia managerială şi informaţională, edificarea economiei şi societăţii bazate pe cunoaştere).
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Discernămînt şi eficienţă în administrarea publică Direcţia administrare publică a fost fondată оn august, 2003, misiunea de bază a căreia constă оn formarea şi perfecţionarea funcţionarilor publici, oficialilor aleşi ai autorităţilor publice din Republica Moldova, altor beneficiari.
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Posibilităţi valorificate prin intermediul monitorizării Direcţia monitorizare, evaluare şi control este o subdiviziune a Academiei de Administrare Publică pe lоngă Preşedintele Republicii Moldova, misiunea căreia constă оn exercitarea funcţiilor manageriale de planificare, organizare, coordonare şi evaluare
a procesului didactico–educaţional şi ştiinţific la studii superioare de masterat. Activitatea Direcţiei este determinată de Statutul Academiei, Regulamentul de ordine internă, ordinele Rectorului, legislaţia оn vigoare şi alte acte normative ce reglementează studiile superioare de masterat, precum şi actele normative ce reglementează instruirea funcţionarilor publici din cadrul autorităţilor administraţiei
publice centrale şi locale.
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Personalitatea lui Dimitrie Cantemir în contextul evoluţiei istorice a Moldovei In the course of its multi-secular history, the Moldovan people was the promoter of personalities who have brought their contribution to the development of the society in different fields: economy, culture, education, science, archives, politics etc. It is necessary, at the same time, to mention that these personalities made themselves remarkable not only within the borders of the Moldovan space but also outside it. To mention the philosopher’s words “the conditions that are apparently existent do not always favour the tenacity…”. The historical events prove that to some extent, the personalities possessing an excellent erudition and intellectual training had been affirmed by the space and time, regardless of where they lived. We consider that the notion ‘representative of a people’ is outdated. The personalities of the ‘genius’ type belong to the whole humankind. Dimitrie Cantemir is one of these. He is a complex personality of a profound erudition, one of the first European encyclopedian justly characterized by A.D. Xenopol as “…one of Europe’s morning stars shining at the end of the XVII and the beginning of the XVIII century”.
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Unele aspect privind perspectivele geopolitice ale statalităţii moldoveneşti The Moldovan statehood has its origin in the XIV century when the Principality of Moldova was created to the east of the Carpathians. As a pro-state bordering formation, it played the role of a bumper between the civilized Europe and the barbarian world. Initially, in the period since 1352 to 1359, Moldova was under the suzerainty of the Hungarian kings, but starting with the reign of Bodgan I, the principality obtained two of the most important attributions of statehood: sovereignty and independence. Even though the notions of sovereignty and independence were at that time notions somewhat different from the modern ones, it is probably not the case to overestimate their role in the political life of any state. In 1359-1538, the period when the Moldovan state was flourishing, the Principality of Moldova ascertained by itself its internal and external policy. The possibility to consolidate the fledgling Moldovan society and to establish political, economic and military relations with its neighbors appeared namely then. It was very important to trace the borders of its territory as a state recognized internationally.
Revista „Administrarea Publică” - 2006
Revista „Administrarea Publică” - 2020