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CNAA / Theses / 2011 / May /

Competition offences (Penal Law matters)


Author: Timofei Sorin
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)
Year:2011
Scientific adviser: Stela Botnaru
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University
Scientific council: D 30-12.00.08-27.03.08
Moldova State University

Status

The thesis was presented on the 27 May, 2011
Approved by NCAA on the 8 July, 2011

Abstract

Adobe PDF document – 0.33 Mb / in romanian

Keywords

competition, limiting free competition, unfair competition, unlawful anticompetition agreement, monopoly, dominant market position.

Summary

Thesis content: Introduction, 3 chapters, general conclusions and recommendations, bibliography of 275 titles, 167 basic text pages. The obtained results are published in 17 scientific papers.

Field of study. This paper is consecrated to one of the most difficult and pressing problems of the Special Part of the Penal Law: the criminal law analysis of competition offences.

Thesis purpose: to deepen the concept of responsibility for the offences in the competition field while the state has a limited role in regulating the economic market relations, and the penal defense of competition must have a subordinate status in relation to extrapenal methods of prevention and control of the offences in the competition field.

The objectives: to explain the specific differences between the offense of limiting free competition and the offence of unfair competition; to analyze the features that characterize the victims of the offences provided by art.246 and 2461 PC RM; to investigate the penal relevance of the anticompetition agreement in the context of the offence of limiting free competition etc.

The scientific novelty and originality of the obtained results. In this paper, are proposed notions, thesis, concepts, which bring in a new light some of the most controversial issues related to the application of penal responsibility for the acts impleaded at art.246 and 2461 PC RM. The scientific originality is demonstrated by the author’s contribution to the improvement of investigative of the most controversial issues of penal law science and practice concerning the offences in the competition field.

Scientific task of special importance has found the solution lies in developing the concept of qulification of acts impleaded at art.246 and 2461 PC RM.

The theoretical importance and the application value of the work arising from conducting a comprehensive scientific study of the penal matters of the offences in the competition field. The ideas, concepts and explanations given in the paper can serve as a theoretical basis for improving the corresponding legislation. The obtained results in the thesis can be used in education, and in further development of scientific concepts.

The implementation of the scientific results aims the development of scientific publications with character of guidance for teachers, students, MA, PhD.