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Aspecte comparative a constituţionalismului în Republica Moldova și Ucrainanbsp; prin prisma instituţiei curţii constituţionale

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  • Additional Information
    • Publication Date:
      2013
    • Abstract:
      The purpose of this publication is the investigation of the constitutional jurisdiction, through the institution of the Constitutional Court, in Republic of Moldova and Ukraine.Being an agency carrying out the constitutional jurisdiction, the Court is independent of the legislative, executive and judiciary powers, it obeys only to the Constitution guaranteeing the supremacy of the Constitution, ensuring the principle of separation of state powers and the state responsibility to the citizen and of the citizen to the state. The Constitutional Court is an independent state constitutional agency, the primary function of which is the control of constitutionality of the regulatory acts and legal rules, which are contrary to the Constitution, and the Constitution interpretation. The Court operates under its own jurisdictions, based on the principles of independence, security of tenure, collegiality, legality and publicity. The Court has financial autonomy and its own budget, which is separate from the state budget.The Constitutional Court carries out an organizational, surveillance activity to draw the attention of the public authorities, which activity is subject to control, to eliminate the rules, which are contrary to the Constitution and to stop the enforcement of the regulatory act, but the right to modify or cancel it remains with the agency, which adopted it. The constitutionality controldecisions are binding and final, making the regulatory act or its provisions unconstitutional.In this context, the Constitutional Court becomes a supreme ldquo;refereeldquo; in termsnbsp; ofnbsp; ldquo;exclusive review of issues of law.ldquo; Doing the research and analysis of the Constitutional Court in both countries, we can see how much similar have this two institutions.nbsp; ; Obiectivul acestui articol este cercetarea jurisdicţiei constituţionale prin prisma instituţiei Curţii Constituţionale a Republicii Moldova şi Ucrainei. În calitate de organ ce realizează jurisdicţia constituţională, Curtea este independentă faţă de ...
    • File Description:
      application/pdf
    • ISSN:
      18574122
    • Relation:
      https://ibn.idsi.md/vizualizare_articol/63653; urn:issn:18574122
    • Online Access:
      https://ibn.idsi.md/vizualizare_articol/63653
    • Rights:
      info:eu-repo/semantics/openAccess
    • Accession Number:
      edsbas.BA7FA656