Viziune actuală asupra  legitimității actelor adoptate  de sfatul țării și importanţa acestora
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94(478) (1654)
История Молдавии. Республика Молдова (67)
SM ISO690:2012
GUCEAC, Ion. Viziune actuală asupra  legitimității actelor adoptate  de sfatul țării și importanţa acestora. In: Revista de Istorie a Moldovei, 2018, nr. 1(113), pp. 56-69. ISSN 1857-2022.
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Revista de Istorie a Moldovei
Numărul 1(113) / 2018 / ISSN 1857-2022

Viziune actuală asupra  legitimității actelor adoptate  de sfatul țării și importanţa acestora

Current vision on the legitimacy of acts adopted by the council of the country  and their importance

CZU: 94(478)

Pag. 56-69

Guceac Ion
 
Academia de Ştiinţe a Moldovei
 
 
Disponibil în IBN: 20 februarie 2019


Rezumat

The present demarche starts from the idea that, unlike the Western democracies, which have had the opportunity to evolve over time, for the Republic of Moldova is it characteristic the unexpected introduction of democratic institutions. For these reasons, it is necessary to evaluate the law-making factors to give an objective assessment of the efforts made by our predecessors to promote European democratic values by law. In this context, it is underlined the necessity of some deeply documented researches in the legal field at all stages of development of the Republic of Moldova, but especially with regard to the Moldovan Democratic Republic (Bessarabia 1917-1918), which has been investigated and published relatively little in this regard. It is underlined the need to combine efforts to elucidate the creative experience of predecessors. Starting from the particularities of the ideological exigencies of the historical moment in which the acts issued by the Council of the Country were adopted, it is recommended that this topic becomes one of the objectives of fundamental legal research in the Republic of Moldova and Romania. Particular attention is paid to the issue of the legitimacy of normative acts, considered to be one of the most important challenges for the science of law. In this context have been addressed and explained some legal categories less frequently encountered in the specialty literature, such as: legitimacy de facto, legitimacy de jure, legitimacy legal form, general legal legitimacy, international legitimacy, popular legitimacy, etc. By analyzing some general principles of law in the process of accession to power, we demonstrate that the Council of the Country, in the process of its establishment and throughout its period of activity, benefited from the legitimacy specific to the periods of political and social shocks. In support of this idea, a number of criteria of legitimacy were identified for acts adopted by public authorities, established during the period of political and social shocks, until the election of a representative body. Finally, there are brought several arguments to prove that the Council of the Country, which during its period of activity, led the state of the Moldovan Democratic Republic through normative provisions included in some declarations, laws and other acts essential to the building of statehood.

Cuvinte-cheie
sovereignty, democratic institutions, political and social shocks, parliamentarism, legitimacy, legitimacy de facto, legitimacy de jure, legitimacy of the Council of the Country, parliamentary committees, parliamentary groups (fractions), legislative procedure.