Acta Universitatis Danubius. Juridica, Vol 4, No 1 (2008)

Abstract

Legality is a compulsory condition and a basic principle of the state law, expressed in strict compliance with the rules of law by all members of the society. As the authorities of public administration conducts a broad activity in the state, having as employees a large number of civil servants, it is absolutely necessary for the state to establish an adequate system of organs, endowed with control powers, that are able to ensure the legality in the administration, that is all the employees (civil servants) obey the rules of law. In order to have the compliance with the rules of law as close to the ideal, and to be obeyed by all members of society, they should pass through the citizens’ consciousness and satisfy their interests. A special role in the formation of the social conscience plays its own example. Only in the case when the clerk official obeys the rules imposed by the state, then he has a moral right to ask the same thing to the administrated one. The Republic of Moldova, according to Article 1 of the Constitution, is a state law, therefore, it is very important to ensure the development of all the principles of state law, including - the principle of legality. To this purpose, each state has its own system of control bodies, which, through a set of means, provided by law, ensure the legality of the public administration. Therefore, control over the administration is inevitable, but the nature of this control depends also on the purpose of the state.