Феномен «правової Держави» В Республіці Молдова: Реалії, Проблеми, Перспективи
Year: 2024
Type: conference-paper
Abstract: Summary. Analysis of the phenomenon of the law-governed state in the Republic of Moldova,in the current period (in the conditions of turbulence and unstable geopolitics), and research of thisphenomenon in the ensemble, allow us to talk about the high degree of relevance and scientific novelty of the study in the complex. We mention, that the law-governed state is often associated with theconcept of separation of powers, which are independent and limit each other in the interest of citizensand justice. In 1748, the study “On the spirit of the laws” was published by Ch. Montesquieu, whichtransformed people’s consciousness. Over the centuries, in Europe this theory was supported byseveral followers, but with certain modifications and interventions for improvement. In Kant’s studies, as in the works of other scientists, jurists, philosophers who preceded him, the issue of the ruleof law is addressed and analyzed. I. Kant contrasted the ideal of the state of the law-governed state(Rechtstaat) with the paternalistic state (imperium paternale). Thus, the idea of constitution of lawappeared long before. At the turn of the 1980s–1990s, in the Republic of Moldova this idea receivedconstitutional recognition later (article 1 from the Constitution of the Republic of Moldova, 1994).At the national level, the sustainability of the state of law depends on the perception of legality as acultural value. A number of jurists believe that the law-governed state implies not only responsibility citizens to the state, but also the responsibility of the authorities to the population and its subordination to the interests of society. Among the most important principles, jurists usually highlightthe law-governed state, equality, the feasibility of legal requirements and the protection civil rightsand liberties. At the same time, the implementation of this ideal (standard) in each state had manyindividual characteristics, premises, due to historical customs and traditions. However, currently inthe Republic of Moldova, the arbitrariness of officials, criminality and the violation of the rights andfreedoms of citizens are widespread.Key words: law-governed state, principles, human rights, rule of law, categorical imperative,moral law, project of eternal peace.
Author: Юліана ГЕРМАН
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6893063919
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