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CNAA / Theses / 2010 / June /

Passive corruption and active corruption in the regulation of criminal legislation of the Republic of Moldova

Author: Nastas Ion
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Scientific adviser: Igor Ciobanu
doctor, associate professor (docent), Moldova State University
Scientific council:


The thesis was presented on the 25 June, 2010
Approved by NCAA on the 6 October, 2010


Adobe PDF document0.51 Mb / in romanian


corruption, electoral corruption, political corruption, passive corruption, active corruption, bribery-gratitude, direct bribery, traffic of influence, responsible person, public officer, foreign public agent, undue advantage, undue benefits, unlawful remuneration, provocation.


Structure of the thesis: introduction, three chapters, conclusions, bibliography of 256 titles, 154 pages of main text. The findings have been published in 13 scientific works.

Field of research and objectives of the thesis. The main goal of this study consists in the identification of key features of passive and active corruption in the context of offences connected with corruption, in establishing the degree of their receptivity to current requirements, imposed by the continuous development of such violations, and, as consequence, in establishing the vulnerable points of the current legal norms, as well as the facts of corruptive behaviour, which do not fall under criminal indictment, such as, for example, „receiving undue benefits”, „electoral corruption”, „corruption of experts, translators, witnesses” and other forms of corruption.

Scientific novelty and originality. This work tends to innovation and, possibly, is daring in our aspiration to interpret some new norms in the national legislation. The innovation character of the work is determined by the fact that it contains the first, in the national doctrine, complex research of the elements of the offence stipulated by article 324 and article 325 of the Criminal Code, which served as the basis of making conclusions and theoretical recommendations aimed at further legislation improvement.

The research novelty and findings find their expression in numerous proposals for the modification of and additions to criminal legislation, stated in the performed study.

Theoretical value and practical significance. The conceptual aspect of the work represents a theoretical totality aimed at setting in order, concentrating, explaining the essence of corruption offences, contributing thus to deepening and broadening scientific knowledge in the field. We believe that the thesis receives a special practical significance first of all by the fact that it analyses new legal institutions that need to be implemented in order to eliminate the existing deficiencies, elucidates the vulnerable points of current indictments, aimed at preventing eventual elusion of corrupt persons from criminal responsibility.

Starting out from theoretical concepts of the topic, the work also contains some practical suggestions for the application of criminal norms. Especially these suggestions refer to the methods of qualification of offences; in this respect some suggestions de lege ferenda are formulated, which could minimize the ambiguity in interpretation and could be useful in practice.