Răspunderea juridică pentru încălcarea eticii în activitatea de cercetare şi întocmire a tezei de doctorat
Legal responsibility for violating ethics in research activity and drawing up the doctoral thesis

Summary/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.

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