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Legal and criminal aspects


Author: Sobieţki Rostislav
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: Viorel Berliba
doctor habilitat, professor, Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires
Scientific council: D 30-12.00.08-27.03.08
Moldova State University

Status

The thesis was presented on the 15 October, 2011
Approved by NCAA on the 22 December, 2011

Abstract

Adobe PDF document – 0.31 Mb / in romanian

Keywords

smuggling, pseudo smuggling, customs regime, customs border, customs duties, good, value ratios, concealment, deception

Summary

The structure of the dissertation: introduction, three chapters, conclusion and bibliography of 213 references, 125 pages of the main text Publications on the topic of the dissertation: The study is published in the 9 scientific papers.

Keywords: smuggling, pseudo smuggling, customs regime, customs border, customs duties, good, value ratios, concealment, deception Study area and the main directions of the dissertation. The study was particularly focused on criminal law, attention, paying particular norm in terms of actual and correlation characteristics - the standards set art.248 Penal Code - smuggling and highlighting the degree of harm to the actual expressions of the crime. Objectives: To analyze the evolution of smuggling in the Republic of Moldova, the analysis of the phenomenon of smuggling in some foreign countries, conducting comparative-historical interpretation of smuggling from the perspective of current and previous methods of regulation considered from the perspective of prospective modeling of existing legal norms, explaining criminal nature of smuggling, as detailed study constituent features and content of smuggling under art.248 Penal Code; approval of some elements of criminal law relatively smuggling; analysis of judicial practice of Moldova in the fight against smuggling; selection factors leading to crimes related to customs procedures (especially smuggling and other customs frauds); analysis measures to prevent and combat smuggling, etc.

The scientific relevance of the results achieved. Were put forward the following main proposals and ideas: the exclusion of the referenced provisions of the Penal Code article 133 in connection with the analysis of the concept of "cultural property"; change and merger provisions of subsections (2) and (3) art.248 Penal Code, with the exception of aggravating circumstances, specified in part (5) art.248 Penal Code, with the exception of aggravating circumstances provided for in parts (2) and (3) art.249 Penal Code, and increase penalties for committing a crime under the Penal Code art.249; introduction to criminal law standards providing criminally responsible for a psevdokontrabandy, something that is not accounted for today in the criminal law. The important scientific problem resovved within the framework of the thisis is related to clarify the penal policy of the Republic of Moldova in the fight against smuggling by criminal means, resulting mainly from the creation of more effective legal framework limits the application, exclusion of various controversies in terms of rules adopted and currently in action and inclusion in the regulatory circuit of rules to obey illegal acts psevdokontrabandy criminal liability.

The theoretical value of the work comes from a study of trafficking - a crime - a criminal law point of view. The study was conducted by interpreting a set of opinions put forward in the literature. These views were analyzed by the author in strict accordance with the law in force in the Republic of Moldova and other countries. The practical value of the work follows from the fact that the thesis has been developed taking into account recent claims made by the judicial practice and process of criminal prosecution, it was noted that a variety of decisions taken in relation to the crime of smuggling and the directions proposed by the author referring to their decision. These proposals may be taken into account by the legislator in the process of improving criminal provisions, as well as employees of government agencies in the investigation of this type of crime.

Implementation of scientific results: The achievements of the study have been exposed in 9 scientific articles, also succesufully debated within multiple scientific conferences, inclusively at International Conference „Financial and social economic aspects of the Moldovan economy in the context of system transformation and integration in Europe” (2010), International Conference „The legal and institutional reforms in the Republic of Moldova in terms of European practices” (Chisinau, 2010).