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CNAA / Theses / 2011 / June /

The Concept of Military Offence in Criminal Law


Author: Ulianovschi Xenofon
Degree:doctor habilitat 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
Institution: Free International University of Moldova
Scientific council: D 30-12.00.08-27.03.08
Moldova State University

Status

The thesis was presented on the 25 June, 2011
Approved by NCAA on the 5 October, 2011

Abstract

Adobe PDF document – 0.41 Mb / in romanian

Keywords

military, military law, military criminal law, military offence, military service, military forces, national security, subordination order

Summary

Thesis structure. The research contains annotations in three languages, list of abbreviations, content, introduction, five chapters, 297 pages of basic text, general conclusions and recommendations, bibliography (359 titles), 21 appendixes. The outcomes of this research have been published in 42 scientific works.

Field of study. Criminal law. Military criminal law.

Goal and objectives. The goal of the present research was to cover a vacuum of the national law science and the complex analysis of the MO, especially under the aspect of the problems concerning the criminal liability for the MO, the controversies and the constant incoherencies in the process of juridical framing of MO, of course, with the reference to the national, international legislation and the one from some other countries. Thus, the object of the research is the international-legislation and the legislation-international, as well as the national legislation that refers to the criminal liability for MO. Making the assumption of the scientific materialization of the research’s object there have been formulated some objectives: to evaluate and clear up the essence of the Military Law, particularly, of Criminal Military Law as a distinct branch of Law; to formulate suggestions of lege ferenda for the further optimization of the fight against MO, etc.

Novelty of research. The scientific study was based on the idea of synchronization of the national criminal-military legislation to the international one in terms of MO, the innovational results being based on a number of conclusions, recommendations and suggestions, including under the aspect of lege ferenda.

Here's innovative achievements in science and practice, which led to the establishment of a new direction in science and to allow a number of problems were identified: a new area of law-martial law; were identified a new sub-field of criminal law - military criminal law, etc. Theoretical value consists in systematization of the theoretical material from the criminal law doctrine and placing this material at the base of argumentation of the thesis; synthesis of jurisprudence of the national and international law institutions, according to which a set of de lege ferenda suggestions have been elaborated referring to the general legal stipulations and offences that consisted the object of investigation.

Applicability of the work. The results of the research could serve as scientific material for studies under different aspects of offences contained in the GP of CC RM. Also, some recommendations and conclusions could serve as starting points for further thorough analysis and independent investigations. The materials can be used by the Ministry of Justice, by the PJCAI, by deputies for initiating of modifications in current legislation. The research could be a turning point for elaboration of thematic content for special Criminal Law courses at the specialized Faculties, especially from the Military Institute “Alexandru cel Bun”.

Implementation of the scientific results. At the Faculty of Law at the State University of Moldova (Criminal Law Department) there has been introduced the subject of “Criminal Military Law” during the Master Program; a part of author’s suggestions exposed in the scientific works served as a base for modifications in the criminal legislation and also as CC RM.