StatusThe thesis was presented on the 9 September, 2011
Approved by NCAA on the 5 October, 2011
Abstract– 0.29 Mb / in romanian
Thesis structure: introduction, three chapters, general conclusions and recommendations, 302 titles of bibliography, one appendix, 171 pages of core text. The obtained results are published in 9 scientifical works.
Study field: The research falls under the special part of criminal law and the criminology.
Purpose and objectives of the thesis consists in the complex scientifical research of the penal and criminal problems regarding the unlawful practice of the entrepreneurship activity; establish the legal nature of this harmful act, its place in the Special Part of Penal Code, proposal development on the improvement of the criminal law and the extra penal reference rules of Republic of Moldova; determining the basic concepts that form the reference system for the issues investigation concerning the illegal practice of entrepreneurship, illegal entrepreneurship benchmark, legal analysis of the constitutive elements and signs of the crime provided within article 241 of Penal Code, highlighting the criteria for delimiting the illegal practice of entrepreneurship, highlighting the criteria for delimiting the illegal practice of entrepreneurship of the similar offenses and extra penal reference rules, performing a special criminological research on the analyzed crime.
Scientific novelty and originality consists in the development of a comprehensive and systematic study within criminal law concerning the liability for the illegal practice of entrepreneurship, in terms of Penal Code’s provisions analysis and synthesis through the criminal law and doctrine of Republic of Moldova and foreign countries; in conducting a comprehensive analysis of criminological issues related to highlight the causes and conditions of the crime commission of illegal business activity practice, personality characteristics of the offender and the elucidation of measures to prevent such harmful acts with arguments based on local legal practice and other states.
In this way, the above mentioned subjects have as finality the drawing up of the theoretical conclusions and recommendations in order to elucidate and eliminate gaps in domestic criminal law science, perfecting the legislation in the context of carrying out judicial reforms, of standardizing judicial practice and building the rule of law.
In this scope the following recommendations were made: 1. change the name and provision content of the art.241 of Penal Code and art.263 of Contravention Code; 2. the exclusion of the art.125 of Penal Code.
Theoretical significance and the applied value of the thesis consists to formulate some new theoretical concepts, conclusions and recommendations regarding the juridical-penal and criminological issues of the unlawful practice of entrepreneurship crime through which was possible: to submit proposals regarding the modification of the Republic of Moldova’s criminal and contravention low also the implementation of preventing and avoiding measures of some crimes in the context of European Union integration process of Republic of Moldova.
Scientific results implementation. The scientific investigation results can be used to improve practical application and optimize the construction and content of legal and criminal rule on illegal practice of entrepreneurship and in consequence could be used by the law enforcement employees, regarding the legal classification of offenses and their prevention, thesis material can be a real support in the educational process in higher education and postgraduate institutions with a juridical profile.
Under consideration  :