selection and processing of lecturer, PhD Ciprian Raul Romiţan

• doctoral student
• CNATDCU
• legal liability
• sanction
• doctoral supervisor
• illicit conduct

Georgian Rădăşanu*

Abstract
This article aims to address the issue of the doctoral student's responsibility in the research activity for the entire duration of the studies carried out within the Doctoral School, as well as in the preparation of the doctoral thesis. In the first part, following the analysis of the specific elements: the type of violated rules, the persons authorized to ascertain and order the application of sanctions, the type of sanctions that may be applied or the procedure applicable in case of finding deviations from good conduct in research, we have proposed to identify the type of legal liability, making some necessary mentions regarding the other forms of liability that may arise in the case of the doctoral student, the holder of the doctoral degree or the doctoral supervisor.
After identifying the form of liability, we proceeded to an analysis of the constituent elements: misconduct, subjects, object, guilt and causation. In the context of the analysis of illicit conduct in relation to acts of plagiarism and self-plagiarism, we focused our attention, in particular, on some nuanced elements regarding the actions of appropriating ideas, the right of citation, the distinction between originality and value and, not lastly, in terms of the novelty of the doctoral dissertation. With regard to the subjects of liability, we have opted for a division between the active subjects, those who are affected by the consequences of the facts and whose competence includes the prosecution of the perpetrator
and passive subjects, those who commit illicit acts specific to such type of responsibility. In this context, given the inseparable link between the subjects and the object of legal liability, we will proceed to the integrated analysis of the latter constituent by concretely identifying the sanctions that can be applied, depending on the responsibilities of each body involved in
the verification procedure of finding deviations from deontological norms.

* Personal de specialitate juridică asimilat judecătorilor şi procurorilor, Ministerul Justiţiei, email: rădăşThis email address is being protected from spambots. You need JavaScript enabled to view it.. În acest context, fac precizarea că opiniile exprimate în cuprinsul acestui articol, precum şi orice posibile omisiuni sau erori aparţin exclusiv autorului (care este singurul răspunzător pentru ele) şi nu reflectă, în niciun caz, poziţia oficială a Ministerului Justiţiei.

selection and processing by PhD Alisa Valeria Toma

• plagiarism,
• CNATDCU
• notification
• plagiarism notification procedure
• doctoral thesis

Gheorghe Cosmin Băieş*

Abstract
The research and preparation activity, throughout the doctoral studies, must fall under the principles of morality, ethics observation, good conduct and good faith. The principles of good conduct, in scientific research, are also provided in Law no. 206/2004 on good conduct in scientific research, technological development and innovation. As the observance of the principles, rights and obligations of the PhD. student and the coordinator, professional honesty and professionalism, leads to favorable consequences, until obtaining the PhD. Title, their violation leads to unfavorable consequences, sanctions and liability, both for the doctoral thesis author, and for the thesis supervisor and the doctoral school.
Violation of ethics rules, as well as plagiarism, have consequences both for the author of the doctoral thesis and for the thesis supervisor and the doctoral school. These consequences are both moral, ethical and legal, sanctions provided by law and which involve the liability of those guilty. The responsibility of the author of the doctoral thesis, the thesis supervisor and the doctoral school, is an effect of non-compliance exactly with their obligations and also of the irresponsible treatment and lack of good practices, in the activity of the preparation the doctoral thesis, contrary to the required ethics and morals to be respected.The legal consequences are provided in Law no. 1/2011, Law no. 206/2004, Law no. 8/1996, as disciplinary, administrative, criminal or tort sanctions.
Apart from administrative, civil – tort, criminal, contraventional liability or even labor law, what is more important and lasts for a long time or even forever, is the harsh discredit that affects those involved in violating ethics, in plagiarism. All this can only lead to the consideration, as lacking of integrity and professionalism of all those who were involved, directly or indirectly, in the plagiarism activity of a doctoral thesis. It is important, to observe and be guided by the rules of moral conduct, to observe the university ethics and to pay due attention and respect the studies in general and even more so the doctoral studies, which are at the highest level in the „pyramid” studies. The rules of ethics, applicable in the academic space, must be observed by the members of the academic community, in order to ensure a successful collaboration of all participants in university life.

* Drd., Universitatea „Nicolae Titulescu”, Facultatea de Drept, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..