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Comparative analysis of Common parts of criminal legislations of Ukraine, Russia and Israel, also peculiarities of the Common part of the Criminal Code of Moldova


Author: Boris Jitnigor
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:2006
Scientific adviser: Leonid Bagrii-Şahmatov
doctor în drept, profesor universitar, Universitatea Maritimă Naţională din Odesa, Ucraina
Institution:
Scientific council:

Status

The thesis was presented on the 29 October, 2005
Approved by NCAA on the 23 February, 2006

Abstract

Adobe PDF document – 0.37 Mb / in romanian

Keywords

comparative analysis, Common parts of criminal legislations of Ukraine, Russia, Moldova, Israel, distinction, similarity, analogy, comparison, criminal liability, crime, Slavic states, Jewish law, criminal law

Summary

The thesis for a degree of Doctor in Law, speciality12.00.08 – criminal law and criminology, penitentiary law. International independent university of Moldova, Chishineu, 2005.

The structures and legal norms of Common parts of criminal legislations of Ukraine, Russia, Moldova, and Israel are analyzed through comparison; legal and substantial criteria of all main categories, institutes and mechanisms of legal regulation in four countries are compared; theoretical postulates, doctrinal findings and literary sources of national criminal – legal sciences of Ukraine, Russia, Moldova and Israel are investigated as applied to some problems of criminal law.

Similarities and distinctions of some categories, institutes and legal mechanisms provided for in the Common parts of criminal legislations of four states are revealed as well as comparative advantages or disadvantages of the systems of legal regulation of Ukraine, Russia, Moldova and Israel.

As a result of the comparative analysis, fundamental normative and constructive closeness of the Common parts of criminal legislations of Ukraine and Russia, similar features of legal doctrines of both countries in combating crime are stated. At the same time as applied to some legal norms of Common parts of the Criminal Code of Ukraine and Russia regulating identical public relations, some distinctive features individualizing the post-reform legal systems of two Slavic states are marked. For branch regulation on the post-Soviet territory the originality of many elements of the Common part of the Criminal Code of the Republic of Moldova is marked; it includes lots of principles of the criminal law of the leading countries of the world community adapted by the Moldavian legal field, also self-sufficient normative projects of Moldavian jurists and law makers. The bright originality of the criminal legislation of Israel conditioned by peculiar historic prerequisites for development and special cultural and religious colour of the Israeli society is predetermined by not only the national specific character of legislation but certain institutional and methodological defectiveness of Israeli science of criminal law, the lack of close connection with the needs of the branch norm-making and enforcement.