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SM ISO690:2012 ЯНАК, Игорь. Конституционно-правовой механизм регулирования правовой пассивности
. In: Закон и Жизнь , 2010, nr. 1(218), pp. 54-58. ISSN 1810-3081. |
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Закон и Жизнь | ||||||
Numărul 1(218) / 2010 / ISSN 1810-3081 | ||||||
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Pag. 54-58 | ||||||
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In our days in the science of constitutional law the problems of ensuring the rights and freedoms of man and citizen became the priority. It is important to mention that subjective rights and legal interests might be performed only trough a decent behavior of the legal relationships participants - actively or passively. That’s why the duties, in particular their fulfillment and execution require a special legal settlement and different approach, when in some cases it is necessary to establish active legal duties and in others passive legal duties, in the same time strictly to establish state’s duties, it’s legal servants and citizens ‘duties, not forgetting about the legal responsibility measures for illegal behavior, on the constitutional base. In present the Constitution of the Republic of Moldova has settled general limits of usage by the person of the rights and freedoms in a democratic society: their fulfillments don’t have to disturb the rights and freedoms of other persons. Unfortunately, in the legislation in force of the Republic of Moldova till now weren’t ascertain strict framework and limits of the enforcement of the officer discretion that generates the negative effects in the legal and social spheres of our life, leads to the no usage of the grated subjective rights and no usage of the legal duties, otherwise to the legal passiveness . Such an important and actual problem recently has been started to develop in the theory and practice of the constitutional law. |
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