国家司法研究所受众的现状:比较方面和问题

M. Sîrbu
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摘要

在摩尔多瓦共和国司法领域进行重要改革的过程中,正在为促进一般改革进程和遵守广泛承认和国际上执行的民主标准创造条件。从与其他欧洲国家比较的国家立法的分析中,我得出结论,摩尔多瓦共和国从国家司法研究所的初步培训课程毕业的人在毕业和“被任命”为检察官、法官之间的地位。(这可能需要数年时间,例如该研究所的第12次晋升),仍然是法律上的空白。这就意味着,在完成最初的培训课程后,未来的检察官和法官可能面临下列困境:要么担任法律顾问/助理,要么在中央市场开设办事处。后者似乎与未来“有公共尊严的官员”的地位不相容,但并非不可能,因为没有任何法规会禁止这一点。在这方面,我的结论是,有针对性的遗漏给国家司法学院的完整性或受训人员在毕业后造成了各种风险,因为缺乏社会保障机制,如"医疗保险"、"薪酬"、"严格管制的地位"、"在服务年限中列入最初的训练期"——其他国家类似的法官和检察官培训机构的同事(罗马尼亚、(法国)可能会依赖其他人或其他组织,这可能进一步对他的职业操守和决策自由裁量权产生重要影响。
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Status of the audience of the National Institute of Justice: comparative aspect and issues
During the important reforms in the field of justice in the Republic of Moldova, premises are being created to promote the general reform process and to comply with the widely recognized and internationally implemented democratic standards. From the analysis of the national legislation in comparison with other European states, I conclude that, in the Republic of Moldova, the status of persons who graduated from the initial training courses within the National Institute of Justice, in the period between graduation and „appointment” as a prosecutor, judge . (which can take years, for example the 12th promotion of the Institute), remains a legal void. This would mean that, after completing the initial training courses, the future prosecutors and judges may have the following dilemma: either to work as a legal consultant/assistant, or to open an office in the central market. The latter would seem incompatible with the future status of „official with public dignity”, but not impossible, because there are no regulations that would prohibit this. In the context, I conclude that the targeted omission creates various risks regarding its integrity, or the trainees of the National Institute of Justice, after graduation, due to the lack of a social guarantee mechanism such as „medical insurance”, „remuneration”, „a strictly regulated status”, „the inclusion of the initial training period in the length of service” - which colleagues from similar training institutions for judges and prosecutors in other countries (Romania, France) benefit from until the appointment, may become dependent on other persons or organizations, which it could further have important consequences on his professional integrity and decision-making discretion.
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