Suchergebnisse

The sovereignty of the people in democratic states is implemented through the system of public power at every level of existence of territorial collectivities. That is why studying and improving the mechanisms of realization of public power must not be made in isolation, but holistically.
In order to define public power, it is necessary to address it not only from the constitutional law perspective, but also as a socio-political concept. The definition of the notion of public authority begins with the assumption that it is a socio-political category, and the study of it must consider its essence, its forms and levels of its realization. Only the theoretical clarification of these essential concepts could permit the "decoding" of the legalities of public governance and identification of the most efficient mechanisms applicable to contemporary society that would promote the efficient involvement of the people in the realization of public power.

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.