Dehybridization of the General Competence of the Jurisdictional Bodies

Abstract

In this article, I have analyzed the criteria for delimiting the powers of jurisdictional bodies in the settlement of civil cases, which I have argued are also criteria that prevent the hybridization of these attributions. We presented the danger of the phenomenon of hybridization for the normal functioning of judicial bodies and gave solutions to minimize it in the legislative system. We analyzed the hybridization within the regulations on general jurisdiction, which delimit the powers of several jurisdictional bodies, such as: courts of law, arbitration, the Constitutional Court and others. The legal normative basis is the legislation of the Republic of Moldova. In order to highlight the practical issues, the judicial and constitutional practice of the Republic of Moldova was analyzed. The methodology applied in the development of this article was comparison and analysis. In order to formulate fundamentally multifaceted opinions, we started from the French, Moldavian and Russian doctrine. In some of these sources, certain ideas regarding the dehybridization of powers of jurisdiction are developed, and we have supplemented them. Finally, a synthesis was made starting from all the criteria for dehybridization of the powers of jurisdictional bodies.