Analele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice (Jan 2022)

Despre principiul legalității în activitatea judecătorului de instrucție în legislația Republicii Moldova//About the Principle of Legality in the Activity of the Instruction Judge in the Legislation of the Republic of Moldova

  • Vasile Popa

DOI
https://doi.org/10.47743/jss-2022-68-1-21
Journal volume & issue
Vol. 68, no. 1
pp. 329 – 352

Abstract

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The principle of legality is the foundation of state activity, which reflects the will of the people, in the need to defend interests and the normal development of social life, a situation that is not possible without strict observance of this principle, otherwise it would lead to social disorder. Respect for the Constitution and the law is a requirement of the rule of law, which requires citizens to know precisely their rights and obligations, and the state to create the appropriate organizational framework for the exercise of these rights and fulfillment of obligations. Therefore, all state authorities have a special role in defending legality, according to the specifics of the activity they carry out. Based on the principle of legality, the action in criminal law must be based on the law, the reference basis of the assessment, both as an activity and as a system of organization.

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