Suchergebnisse

The fight against corruption has become one of the priorities of the international world. Most national states and international organisations are supporting the fight against different forms of corruption, among which bribing foreign officials in order to secure an economic advantage on a particular market. European countries, including EU members, are facing this challenge, as well, taking attitude under the impulse of OECD and EU. However, the results are not remarkable due to the lack of political will, the lack of initiative and constancy while facing this huge task.

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured protection of personality's spiritual side. The right to a fair trial has a special place among the fundamental rights in a democratic society, whose level should be inherent in any system of law. The right to a fair trial in an independent and impartial court is recognised in customary international law so that those states that have not yet ratified the international instruments are also bound by law and the judicial system to adapt their legislation appropriately. The right to a fair trial has several components such as access to justice, a fair and public case in a reasonable time, examination of the case by an independent and impartial court, established by law, advertising delivery decisions. The right to be tried by an independent and impartial court is so elemental, exciting Human Rights Committee status as an "absolute right not bear any exception". The right to a fair trial also means a reasonable opportunity to expose any part of his case to the court in a manner that does not disadvantage the opposing party, which is achieved by ensuring its rights of defense. Parties have the right to be assisted by an attorney, elected or appointed by office. Realisation of the right to defense is ensured by the organisation and functioning of the judiciary, which is based on the principles of legality, equality of parties, gratuity, collegiality, publicity, immutability and the active role of the court. To enact a law the court as part of a fair trial takes into account the competence to hear the case, both materially and territorially. In this context, statutory legislation provisions are clear and precise, clearly delineating the powers of courts, the costs involved in the administration of justice. To understand and respect the provisions is of paramount importance in realisng the right - a prerequisite to the existence of balanced and harmonious society.

In the article the author tackles a contemporary issue that is important for institutional strengthening of the Republic of Moldova. Developing a mechanism for efficient interaction of institutions of state power with political parties, ruling ones and in opposition, with the groups of interests, especially those institutional and associative, represents a strategic objective for the Republic of Moldova. Assessing institutions with "rules of the game", the contemporary political science updates the significance of the Constitution for organisation and good unfolding of the political process, for ensuring stability and at the same time dynamism of the socio-political system. The conclusions of the investigation of complex issues like dynamic political processes, functionality of political institutions in conditions of instability / political crisis, contain an educational, instructive message, important for the political actors of the Moldovan society.