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CNAA / Theses / 2016 / May /

The legislative technique of criminal law

Author: Buga Larisa
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: Valeriu Bujor
doctor, associate professor (docent), Free International University of Moldova
Institution: Free International University of Moldova


The thesis was presented on the 21 May, 2016
Approved by NCAA on the 5 July, 2016


Adobe PDF document0.34 Mb / in romanian


CZU 343.72 (043.4)

Adobe PDF document 2.62 Mb / in romanian
181 pages


criminal law, legal technique, legislative technique, technique of criminal law, criminal policy, the criminal law-making, quality of criminal law, construction of criminal law, internal criminal legislative technique, the criminal law construction


Thesis’ structure: an introduction, four chapters, conclusions and recommendations, bibli-ography from 353 sources, 158 pages of scientific text. Research results are published in 15 scien-tific articles and papers.

Field of study. Criminal Law and Criminal Execution Law.

The purpose of the thesis. The purpose of the thesis consists in the study of peculiarities of criminal law and criminal law-making for argumentation of the need to recognition and develop-ment of technique of criminal law as distinct branch of legal technique necessary to ensure the quality and effectiveness of the criminal law.

Objectives: to determine the concept of "criminal law" as the object of technique of criminal law; analysis of the concepts of "quality of criminal law" and "efficiency of criminal law" and specify the features and factors that its influences; developing the content and value of criminal policy as a configuration factor of criminal law; identifying of technique of criminal law as a branch of legal technique and delivers its content and structure (strictly speaking, the criminal legislative technique); elucidating features of criminal legislating as process and technique; study of some elements of internal criminal legislative technique in order to assess the technical quality of provisions of the Criminal Code of the Republic of Moldova; formulation of conclusions and recommendations to strengthen the role of technique of criminal law to ensure quality and effi-ciency of criminal law.

Scientific novelty of the results. Scientific novelty of the results is determined by the fact that the paper investigated a theme that at the moment in the local doctrine is investigated only fragmentary and superficial, despite its significance theoretical, practical and didactic. Scientific originality of the study derives from purpose and objectives established for development of the theory of criminal law, criminal lawmaking and technique of criminal law (a criminal legislative technique). Important scientific problem solved consists in scientific substantiation of the theory of technique of criminal law and argumentation of the role of rules, means and procedures of criminal legislative technique in assurance the quality and efficiency of criminal law.

Theoretical and applied value. This paper outlines a relatively integrative picture of tech-nique of criminal law as a branch of legal technique, which has a complex structure. The study allows focusing greater attention on the problems of criminal law-making, penal policy, quality and efficiency of criminal law.

Implementation of scientific results. The research results can be used in: criminal law-making process; practical work of public authorities of state; scientific work to develop theory of technique of criminal law; teaching process to prepare future lawyers and professional qualification training courses; developing teaching materials for subjects legal technique and technique of criminal law (criminal legislative technique).