The author analyzes policy documents, projects and legal acts in the fields of research and innov... more The author analyzes policy documents, projects and legal acts in the fields of research and innovation<br> adopted in accordance with Art. III par. (3) point b) and c) of Law no. 190/2017 on the amendment and completion of<br> some legislative acts. The author presents arguments confirming that the quality criteria ignorance of the legal norms,<br> of the good practices and of the recommendations of the doctrine from the European research area regarding the adoption<br> of the Code on science and innovation of the Republic of Moldova no. 259 of 15.07.2004 (republished) determines<br> the precarious quality of the complementary normative acts in the research and innovation fields.
The authors analyze, from the perspective of the three quality criteria – accessibility, predicta... more The authors analyze, from the perspective of the three quality criteria – accessibility, predictability and clarity, some provisions of the Administrative Code of the Republic of Moldova and come with arguments that confirm that it is necessary to amend the provisions regarding the administrative procedure, the public authority, the administrative act, the administrative contract, real acts, the principles of the administrative procedure, the participants in the administrative procedure, etc. In particular, the authors sift the provisions of Book IV of the Administrative Code and find the necessity to submit to the constitutionality control the provisions of art. 258 para. (2)-(3) of the Code, which, in their opinion, violates the principles of the state of law, equality, respect for fundamental rights and freedoms (the right to judge the case within a reasonable time, the right of each person to know his rights and duties ), the legality, the quality of the norms of law and, respec...
THE PREEMINENCE OF LAW AND THE LEGAL SECURITY TO THE ADOPTION OF THE CODE ON EDUCATION AND THE AM... more THE PREEMINENCE OF LAW AND THE LEGAL SECURITY TO THE ADOPTION OF THE CODE ON EDUCATION AND THE AMENDMENT OF THE CODE ON SCIENCE AND INNOVATION
Summary. The principle of preeminence of law is inherent to the spirit of the Constitution of the Republic of Moldova and represents its core, thus the Constitutional Court of the Republic of Moldova has the mission to ensure legal security through mechanisms of constitutional jurisdiction. The author considers that the Ministry of Education, as well as the Ministry of Economy, does not possess the necessary capacity and experience to take over from the Academy of Sciences of Moldova the functions of drafting and promotion of the policy on research-development and innovation, delegated by the Code on science and innovation. Thus, taking into account the state of the Republic of Moldova, it is optimal to establish an autonomous public entity with the status of a central administrative authority that will realize the state policy on research-development, innovation and technology transfer – a function that is not in the competence of ministries.
Administrative law contract can serve as a basis both for subsequent completion of administrative... more Administrative law contract can serve as a basis both for subsequent completion of administrative regulations or individual, and the same type of contracts, becoming one of the conventional universal means of state administration, as well as acts as a means of overriding administration state. Partnership Agreement between the Government and the Academy of Sciences of Moldova is a genuine normative law contract and a conventional source of administrative law sphere of science and innovation that ensure the competence of the Government delegation in the Academy of Sciences of Moldova's sphere of science and innovation.
The author analyzes policy documents, projects and legal acts in the fields of research and innov... more The author analyzes policy documents, projects and legal acts in the fields of research and innovation<br> adopted in accordance with Art. III par. (3) point b) and c) of Law no. 190/2017 on the amendment and completion of<br> some legislative acts. The author presents arguments confirming that the quality criteria ignorance of the legal norms,<br> of the good practices and of the recommendations of the doctrine from the European research area regarding the adoption<br> of the Code on science and innovation of the Republic of Moldova no. 259 of 15.07.2004 (republished) determines<br> the precarious quality of the complementary normative acts in the research and innovation fields.
The authors analyze, from the perspective of the three quality criteria – accessibility, predicta... more The authors analyze, from the perspective of the three quality criteria – accessibility, predictability and clarity, some provisions of the Administrative Code of the Republic of Moldova and come with arguments that confirm that it is necessary to amend the provisions regarding the administrative procedure, the public authority, the administrative act, the administrative contract, real acts, the principles of the administrative procedure, the participants in the administrative procedure, etc. In particular, the authors sift the provisions of Book IV of the Administrative Code and find the necessity to submit to the constitutionality control the provisions of art. 258 para. (2)-(3) of the Code, which, in their opinion, violates the principles of the state of law, equality, respect for fundamental rights and freedoms (the right to judge the case within a reasonable time, the right of each person to know his rights and duties ), the legality, the quality of the norms of law and, respec...
THE PREEMINENCE OF LAW AND THE LEGAL SECURITY TO THE ADOPTION OF THE CODE ON EDUCATION AND THE AM... more THE PREEMINENCE OF LAW AND THE LEGAL SECURITY TO THE ADOPTION OF THE CODE ON EDUCATION AND THE AMENDMENT OF THE CODE ON SCIENCE AND INNOVATION
Summary. The principle of preeminence of law is inherent to the spirit of the Constitution of the Republic of Moldova and represents its core, thus the Constitutional Court of the Republic of Moldova has the mission to ensure legal security through mechanisms of constitutional jurisdiction. The author considers that the Ministry of Education, as well as the Ministry of Economy, does not possess the necessary capacity and experience to take over from the Academy of Sciences of Moldova the functions of drafting and promotion of the policy on research-development and innovation, delegated by the Code on science and innovation. Thus, taking into account the state of the Republic of Moldova, it is optimal to establish an autonomous public entity with the status of a central administrative authority that will realize the state policy on research-development, innovation and technology transfer – a function that is not in the competence of ministries.
Administrative law contract can serve as a basis both for subsequent completion of administrative... more Administrative law contract can serve as a basis both for subsequent completion of administrative regulations or individual, and the same type of contracts, becoming one of the conventional universal means of state administration, as well as acts as a means of overriding administration state. Partnership Agreement between the Government and the Academy of Sciences of Moldova is a genuine normative law contract and a conventional source of administrative law sphere of science and innovation that ensure the competence of the Government delegation in the Academy of Sciences of Moldova's sphere of science and innovation.
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Papers by Victor Balmus
Summary. The principle of preeminence of law is inherent to the spirit of the Constitution of the Republic of Moldova and represents its core, thus the Constitutional Court of the Republic of Moldova has the mission to ensure legal security through mechanisms of constitutional jurisdiction. The author considers that the Ministry of Education, as well as the Ministry of Economy, does not possess the necessary capacity and experience to take over from the Academy of Sciences of Moldova the functions of drafting and promotion of the policy on research-development and innovation, delegated by the Code on science and innovation. Thus, taking into account the state of the Republic of Moldova, it is optimal to establish an autonomous public entity with the status of a central administrative authority that will realize the state policy on research-development, innovation and technology transfer – a function that is not in the competence of ministries.
Summary. The principle of preeminence of law is inherent to the spirit of the Constitution of the Republic of Moldova and represents its core, thus the Constitutional Court of the Republic of Moldova has the mission to ensure legal security through mechanisms of constitutional jurisdiction. The author considers that the Ministry of Education, as well as the Ministry of Economy, does not possess the necessary capacity and experience to take over from the Academy of Sciences of Moldova the functions of drafting and promotion of the policy on research-development and innovation, delegated by the Code on science and innovation. Thus, taking into account the state of the Republic of Moldova, it is optimal to establish an autonomous public entity with the status of a central administrative authority that will realize the state policy on research-development, innovation and technology transfer – a function that is not in the competence of ministries.