O sodiščuKonference3CSG, Bled, 29. – 30. september 2005ContributionsPaper by Mr Victor Rusu, Constitutional Court of Moldova

Paper by Mr Victor Rusu, Constitutional Court of Moldova

CREATION OF INFORMATION SOCIETY - ONE OF THE NATIONAL PRIORITIES
CREATION OF INFORMATION SOCIETY - ONE OF THE NATIONAL PRIORITIES
 
 
Victor RUSU,
Chief of the Secretariat
Constitutional Court of the Republic of  Moldova
e-mail: victor@constcourt.md
http://www.constcourt.md
 
 
The revolution of information technologies did not go around the region of law. Documentary juridical information has special importance for the jurists, being rich and extremely essential from the point of view of consequences. The questions, being subject to settlement, have connection with place and role of the databases in the lawful activity, with the technical equipment, with the specific character of the bases of juridical data, by the order of the renovation of information, from one side, and by the consequences of moral, ethical and professional nature, from other side. The computerization of juridical documentation assumes high level of investments into technology (hard) and software (soft), it becomes vital need in connection with the constantly growing number of lawful solutions. New technical equipment facilitates access to information, leaving constant nature and purposes of the region of law. Information technologies took root in the region of law when the traditional tools of publication and information were insufficient.
An increase in the normative-legislative activity has connection also with the need for state interference in the matters of society, introducing changes in laws in accordance with the provisions of the Constitution and the European legislation. It contributes to the appearance of new relations in the society, to a change in the relations between the new standard and the existing standards, which the new standard must not contradict. The loss of control over the law is a real problem; the lack of information in the jurisprudence becomes the same obstacle as the ignorance of law; hence the conclusion that the present legislative explosion leads to a new comprehension of the role of information theory. It has repeatedly noted that the information theory has influence on magistrates in arbitration and proclaiming of sentences into the harm of the legal creation. Despite the fact that at the given moment the electronic library by the force of different reasons stands in the second place with respect to the traditional documentation, it is undoubted that, in the next future, its value and role will grow. The database makes possible the texts coordination, the provision of materials for reviews, collections and monographs production, without substituting the creative activity. It is necessary for a jurist, in the process of studying the case, in particular concerning the constitutional control, to determine clearly the matter, to gather sufficient materials for his case, to find the deep arguments, capable to refute the thesis of the opposite side.
If the practicing jurist wants to summarize the concerned principles and to make a deep synthesis on the case, he comes running to the collections of materials and the works in this field. Thus, even if the judge decided to use a database for the preparation of the case, he must study the traditional library in order to prepare intelligently the case.
The central objectives of the computerized documentary juridical information theory are:  
a) the information safety assuming preservation without changes of the existing information for creation of reports, the operators limiting number, capable to change a database, protection against information viruses, and also carefulness and accuracy of updating of a database;
b) the efficiency in receipting the information.
 Nowadays, in the majority of the countries there are the public or private research centres storing great volume of the information in the field of the legislation, the jurisprudence, providing the simplified access of citizens to the information on distance. The techniques of information processing of an initial material become more perfect; the variety of ways of operation, the organization of the dictionary and of the legal semantic field promote an actual and exact documentation.
The perfection of information technologies in the field of hard (microprocessors, internal and external memory), and also the constant modernization of the software (more operative services, more effective fields from the point of view of use of memory) promote an increase in number of users of legal databases and their miniaturization, account and decentralization.
In our opinion, information technologies allow the jurist to save time in studying a problem and preparing a material, and promote growth of imagination, critical and creative abilities. The Council of Europe and the international organizations are interested in information interchange between countries, groups of countries and regions. Nowadays, the information stream assumes movement of the political, commercial, financial, tourist information, etc. It is necessary to evaluate the consequences of a free exchange and free movement of the information. The information, in its most evaluative form, as a new human resource, brings about changes and significant reorganizations at the international level.
The Republic of Moldova, by presidential decree, proclaimed the creation of information society as one of the national priorities; as it was noted, information technologies have a positive effect on all spheres of life; they contribute to the social and economic development of the society and to an increase in the standard of living of the population.
The objectives of the information system of the Constitutional Court of the Republic of Moldova are:
 - the structure and the specific character of the creation of united information system, of channels, services and information traffic;
- the necessary resources for creating the united information system;
- the necessary technology for a connection on network Internet;
- the activity and the necessary technology for the functioning of local connection (INTRANET).
 
According to the point 20 of Regulations of the Secretariat of the Constitutional Court, the division of documentation and information has the following duties:
 - ensures the use of the information system and renders computer information aid to the staff and to the structural subdivisions of the Court;
 - elaborates the structure and the access way to the local connection, monitors a control of use of the global Internet network and of its technologies;
- keeps an operative information record of the legal practice of the Constitutional Court;
- ensures the WEB- site renovation of the Constitutional  Court http://www.constcourt.md/;
 - participates in the realization of the jurisprudence of the Constitutional Court.
 The information stream of the basic activity of the Court is the systematic reflection of the dynamics of the cases examined by the Constitutional Court, emphasizing the stages of their passage from their submission by the Constitutional Court to the arbitration and publication in Monitorul Oficial (Official Gazette). Processing the database gives useful information to judges, judge-assistants, consultants and researchers in  the substantiation of the following activities of the Constitutional Court.
The electronic service of the Constitutional Court covers the use of data bases "InfoJur" and "MoldLex", network Internet, electronic mail, and others, ensuring higher efficiency and speed, accessibility and optimum quality. The parties of the jurisdictional process have free access to all decisions and similar cases previously examined by the Court. The information, included in the WEB- site of the Court http:/www.constcourt.md (existing since 1998), is given in 4 languages: Moldavian, French, Russian, English and reflect the structure and sphere of the activity of this institute. The first page presents the structure of the site, which systematizes information on the main fields: "Constitutional Court", "Judges", "Constitution",  "Law on the Constitutional Court", the «Constitutional Jurisdiction Code ", "Decisions ", and also the time of conducting sessions and the chronicle of news. "MoldLex" includes the database in the region of law, the program of consultation and editor of documents. The database contains the lawful reports of public-normative nature, accepted after 1989, including international acts, to which the Republic of Moldova is part, the codes and other important reports, in Moldavian and Russian language.
The database includes: the laws of the Republic of Moldova, the President's Decrees, the decisions of Parliament, the decisions of the Constitutional Court, the decisions and ordinances of Government; international and double-sided instruments; ministries and departments documents. This information is available in the database, in the first version (archive) and in that renovated (at the appropriate moment). Each act contains the number of acts, which introduce changes, and the date of approval, the date of promulgation, the date of cancellation, source and the date of publication, and other useful information. These acts are distributed in accordance with the General Classifier of the Legislation. The search for acts can be made:
- in one or several subdivisions;
 - on the classifier (according to theme);
- according to the type of document;
 - on number or date of approval;
 - on the date or the period;
 - on number and date of publication;
- according to words or logical word combination.
Nowadays the database contains 24 000 documents with a volume of 900 MB. This system can be established on a separate computer or on the server of local network for a common use. The renovation of the database is made every week by Internet. System acts on platform Window OF 98/2000/.KHP/NT.
From an information point of view, according to the cybernetic principle of "black box", the Constitutional Court transforms the incoming information (applications, files, points of view, legislation, lawful and international practice, etc.).
The information system aims to facilitate the activity of the Constitutional Court of the Republic of Moldova using the technical means and the operatively in documents completion. 
The Republic of Moldova aspires to the introduction and assertion of the electronic democracy. The undertaken measures in this respect are considered to be: elaboration of the Plan of the actions Moldova – European Union; adoption of a number of normative acts, which regulate the computerization sphere, order of information State resources; approval of the policy of national strategy of the creation of information society in the Republic of Moldova.