The theoretical and pragmatic potential of the constitutional regulations and the comparative analysis of the peculiarities related to the normative fixing and the ways of implementing the local public power in the CIS countries, which have a common historical past and similar trends on building national sovereign states, can serve as a confirmation of the institutionalization and the need for a specific form of public power called local power in a democratic society. The rationale for recognizing the local autonomy in the constitutions of the states is determined by the following circumstance, namely, the recognition of the local autonomy principle in the fundamental law of the states constitutes a guarantee that it will be developed and deepened into the national law. Without such a constitutional basis, the local autonomy cannot be successful. From this perspective, it is important to conduct a comparative study of the constitutional texts of the states because the national legislative systems governing this phenomenon are designed under the constitutional provisions. The modalities of placing the local power in the supreme laws differ from state to state. The comparative study of the constitutional texts was carried out based on the following criteria: a) the inclusion and ensuring the local autonomy in the constitutional text; b) the interpretation of the concept of local autonomy in the constitutional text; and c) the approach and recognition of local autonomy.
This article reveals the institutional characteristics of local public administration in the Republic of Moldova - local autonomy, decentralization of public services, eligibility of public authorities, and consultation of citizens in issues of major interest. From institutional point of view, the local public administration in the Republic of Moldova is insufficiently developed. Local autonomy is performed with long postponement. Most of the population is still under the influence of the idea that all the problems are solved at the central administration level, while the local public officials are just some executive agents at the local level. Options related to decentralization as a requirement of administration's approach by the administratives, have been manifested more as a way of the central authorities to get rid of the problems that they themselves can not solve. Citizens' behavior in Moldova shows on a limited degree of control that can occur in connection with the social and political process. Forms of realization of the principle of consultation of citizens in matters of particular interest are consultations, public hearings and conversations. Although legally regulated, the referendum failed to materialize itself into a viable institution of participation. In this connection it is necessary to take into account the fact that the structure of the resistance of local public administration consists of its institutional roles, and assimilation of these ones is achieved on the basis of access to media materials.
The administrative policy promoted by the Russian authorities in Bessarabia was closely linked to the developments and trends of the Russian's internal and external policy. Based on the concrete and historical conditions of the moment and expected objectives, the tsarism has become aware that the pursuit of the colonial policy towards the annexed peoples requires the application of some subtler methods, different from those applied in the other regions of the Russian Empire. The expansionist interests of the Empire have largely determined the process of administrative organization of the Bessarabia: from the granting of the status of provisional administrative autonomy to the transformation into a Russian governorate.
The review in 2003 of the territorial-administrative structure for the purpose of replacing the 10 districts with 32 districts, and the creation of 252 new administrative-territorial units of the first level was, to a certain extent, a return to the old administrative organization of the Soviet period. Democratization of the society needs to change the focus towards local initiative and the strengthening of regional centers. The improvement of the administrative-territorial structure is an effective lever to encourage local initiative and to successfully implement the functioning of the public administration. The logical organization of a State's territory contributes to the judicious ordering of state power and administration. It meets the general interest and fully meets the local needs and requirements contained in the administrative-territorial units. The administrative organization of the territory must meet the judicious division of the territorial limits taking into account the traditions, mentalities and the needs for good governance and democratic criteria. The option for a particular model of administrative-territorial organization must be the result of deep scientific investigation. The territorial-administrative reform requires a thorough preparation. It is necessary to provide substantiation of political, economic, social and financial standing of such actions. The problem of financial resources, which primarily refers to training local taxation, is a vital issue. This is because it involves financial autonomy, a central component of local autonomy, without which the decentralization can not work. Insufficient training can lead to some unexpected consequences or compromising actions. In organization and demarcation of territorial administrative units (by number, structure, size, etc.) the social, material, financial costs and all the activities related to them can not be neglected for a short, medium or long term.
The recognition of the local collectivities and the essential role of democratic society require the clear definition of the term "local collectivity", which would allow the avoiding of ambiguities in its usage. The defining element of the local territorial collectivities is the population, which includes all inhabitants permanently living in the territorial perimeter of the local collectivity. There are identified criteria that allow the establishment of the individuals' belonging to a specific local collectivity. This is very important because the individual's ability to be part of a particular local collectivity gives him the opportunity to take part in local selfgovernment. I insisted on the recognition of the local population as a subject of the local autonomy, and not of the local public authorities elected by the population who are representatives of the local territorial collectivities, while also examining the causes of the population's nonparticipation in local public life.
In society, at different levels, public territorial collectivities exist as component parts of the whole - the people in its entirety. Each of these collectivities perform, abiding by the principles of local autonomy, their respective public power which is exercised directly by the population or by the population's representative authorities. The functions of public power are realized at those levels where for their efficient realization there are adequate conditions and possibilities. As a consequence of the diversity and hierarchy of the public territorial collectivities, many authorities of different public powers may coexist in a single territory. The compatibility of activities of different public powers is solved by clearly delimiting the competences and responsibilities of said public powers. The objectives of public power regarding the order of the public relations determines the functional dimension of representative public authorities. This activity should be directed exclusively in realizing the interests of the collectivity by political, economical, social and spiritual development.
The issues related to the territorial organization of public power have existed from ancient times to the present. The territorial organization of public power has a special importance in the process of building a democratic state in the Republic of Moldova. It is necessary to clarify the essence of the concept of public power in order to reform the current system of territorial organization of public power. The author has analyzed the scientific publications from the Republic of Moldova that were designed to study the public power. The research results have found that the scientific publications do not offer competent answers to the existing problems related to the territorial organization of public power; the experience obtained in the process of reforming the territorial organization of the public power has not been systematized in theory; it is very important to give a scientific definition of the concepts related to that field for the efficient functioning of the system of public power; in the contemporary world, there is a growing interest about this issue, especially in the context of regional development, strengthening the local autonomy, deconcentration and decentralization.
The European Charter of Local Self-Government is, so far, the first and most important international political tool which guarantees the development of decentralization of public power and local autonomy. It represents the commitment of the Council of Europe's member country to promote in the internal organization of their states, a new distribution of functions and powers in order to support the development of subnational levels. In carrying out the delimitation process of responsibilities between levels of public power's achievement we should start from the provisions of The European Charter of Local Self-Government which is based on institutional practices and structures, tested for decades in dozen of European countries. That means rationing, giving up improper structures, which would result the removing of the vertical power and as consequence the demolition of foundations on which inefficiency and corruption are based on. The necessity of transferring the resources and powers to the local level is dictated by a vital imperative – the strengthening of local public authorities' capacities and potential in order to locally provide a maximum volume of qualitative public services. This requires creating a clear and simple demarcation algorithm of responsibilities between the levels of exercise of public power.
In: Administraţia statului Republica Moldova la 20 de ani de independenţă: Materiale ale sesiunii de comunicări știinţifice, 29-30 octombrie 2011, S. 71-78
Territorial-administrative delimitation is a system of territorial organization, which serves as a legal basis for the functioning of local administrative institutions. Effectiveness of these institutions depends from rationality of territorial-administrative delimitation. Territorial-administrative delimitation follows location of local public administrative authorities at the first and second levels in a specific territorial, juridical and administrative framework for effective administration of locality, and in order to achieve principles of local autonomy and decentralization of public services. Under the chronological aspect, the process of territorial-administrative delimitation of the Republic of Moldova went through three distinct phases within two decades of independence: The first phase - perpetuation of centralized territorial-administrative delimitation of soviet type, which embraces the periods from declaration of Independence up to entry into force the Law no. 191 - XIV from 12.11.1998. Second phase - trying to build territorial-administrative system in the spirit of the principles of decentralization, which lasted from the date of entering into force of the Law no. 191 - XIV from 12.11.1998 until 29.01.2002, the date of entering into force of the Law no. 764191 - XIV from 27.12.2001. Third phase – returning to central territorial-administrative delimitation, which starts on 29.01.2002 and lasts till present. It is an axiom that the Republic of Moldova must give up the soviet system of territorial-administrative delimitation. It is more complicate to find the ideal model, which will correspond to new provocations that will face the Republic of Moldova in future. Determination of territorial limits of local collectivities is a very complex work and depends from a lot of facts. That is why, the judicious delimitation of territorial limits of local collectivities is important to consider the following moments: 1. Being by nature a matter of national interest, changing array of administrative organization of the territory of the state should be a result of public debates, determinedly with large participation of local authorities at the both levels as well as with citizens. 2. Territorial-administrative delimitation should be realized in a perspective of overall society development, as well as objectives and duties, which will return to administrative system in future. 3. The option for special model of territorial-administrative organization should be a result of one deep scientific survey. 4. For the delimitation of territorial-administrative units (as a number, structure, dimension, etc) can not be neglected social, material, financial and other nature costs, for short, medium or long term, that these activities involve and which the society must face. 5. Studying different models and practices of territorial organization of local autonomy has a great importance. Analyzing international practices in a matter of territorial delimitation, consequences of various options of local structures, such as studying arguments pro or contra of these structures in different states gave us the opportunity to establish that the process of territorial delimitation is determined not only by objective factors, but also by the subjective.
During the three decades of independence, in the Republic of Moldova has been undertaken several actions regarding the territorial reorganization of the local power and administrative mechanisms at subnational level. But these were insufficient, and in some cases badly achieved, being ostentatiously rejected by the political actors and officials from the state and local public authorities. In general, the reforms and restructuring of the public administration at the local level and, implicitly, of the territorial organization of the local public power, have been achieved according to the political tactics and changes, but not on the basis of coherent strategies and with clearly defined goals. Chronologically, the process of reforming the territorial organization of the local power has covered three distinct stages: First stage: perpetuation of the soviet-type centralized territorial administrative delimitation, which covers the period from the declaration of Independence till the end of the 1998. Second stage: trying to build the territorial system of exercising the local public power in the spirit of the decentralization and local autonomy principles, which lasted from the end of the 1998 till 2003. Third stage: returning to the centralized territorial organization of the local public power, which started in 2003 and lasts until now. There was a return at the soviet system of local public power organization; the number of local collectivities of the first level was increased by 30% compared to the previous period. In this article has been analyzed these three distinct stages of the reforming process of the local power territorial organization in the Republic of Moldova.
Local power is carried out within the territorial boundaries of local municipalities that are delimited by each other through clearly defined borders and their degree of autonomy and vitality and depends, to a large extent, on the principles underlying the territorial organization of this public power. The author considers that the territorial organization of the public power in the Republic of Moldova must be carried out on the basis of the following principles: a) respect for human rights, b) respect for historical, national and local traditions, c) economic and financial sufficiency, d) ensuring the participation of the population in the management of local public affairs, e) maximum proximity of the local public authorities to the inhabitants, f) population consultation on issues related to the territorial organization of the public power, g) legality, h) respect of the scientific achievements. It was concluded that there is no strict dependence on the process of the territorial organization of public power to the objective criteria for creating territorial systems for the exercise of public power. Unlike other systems, the system of territorial organization of public power is much more static. This is a necessary condition for the proper functioning of the public authorities, which must have a permanent and clearly defined territorial area of activity. The territorial organization of power in the Republic of Moldova was influenced by the factors of social, economic, organizational, national, historical, political nature. Each of the listed factors can determine the most important aspects of the territorial structure at certain stages of state development.
The trans-ethnic voting ant the current cooperation between the Saxon and the Romanian communities in Sibiu/Hermannstadt could easily make believe in a perennial peaceful cohabitation. But the ethnic relations at the beginning of the XXth century are rather dissimilar, since they are marked by the strong affirmation of the Romanian community - especially by its political and cultural values - in the cadre of a multi-ethnic state - as Austria-Hungary - and of a Saxon dominated city - as Sibiu/Hermannstadt. The conflict between elites is pointed out by the prejudices enounced and by the symbolic weight of the disputes. More deeply, there is a conflict between two diverging political projects: the preservation of autonomy and of collective rights by the Saxon community, and the political, economic and cultural integration of the city into the recently made Romanian National state, in the aftermath of the Paris Peace Treaties. The two political projects originate -in fact- into distinctive models of citizenship: an exclusive citizenship, promoted by the Saxon community as a heritage from the Middle Ages; an integrative citizenship, preferred by the Romanian state in order to obtain a full allegiance from the new citizens. Since Romania has unexpectedly become a multi-ethnic state and minorities were more educated, urbanized and politically active, supporting the Romanian element became vital. The unsuccessful political strategies of Romanian elites, before 1920 -and of Saxon elites afterwards- lead to external sources of power: the Romanian National state and Nazi Germany. Whether Romanian authority proves to be quite successful, the German influence has disastrous consequences for the Saxon community. The persecutions and vexations following the German defeat in 1945 mark out the beginning of the great migration for the German community in Transylvania, following eight hundred years of coexistence.