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CNAA / Theses / 2018 / July /

Special measures of investigation authorized by the prosecutor


Author: Covalciuc Ion
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:2018
Scientific advisers: Tudor Osoianu
doctor, professor, Academy "Stefan cel Mare" of Ministry of Internal Affaires

,
Institution: Free International University of Moldova

Status

The thesis was presented on the 2 July, 2018
Approved by NCAA on the 23 November, 2018

Abstract

Adobe PDF document – 0.54 Mb / in romanian

Thesis

CZU 343.1 (043.3)

Adobe PDF document 1.70 Mb / in romanian
175 pages

Keywords

the special activity of investigation; special investigative measures, criminal proceedings, authorization, prosecutor, judicial control; visual tracking; control of the transmission of money or other material extorted value; covert investigation; cross-border surveillance; controlled delivery; collecting samples for comparative research; research of objects and documents; the acquisition of control etc.

Summary

The field of study. The operative investigation.

The PhD thesis main goal and objectives lies in identifying the mechanisms used by the legislator for the practical realization of the desiderata outlined in the legislation governing special measures of investigation authorized by the prosecutor, the shortcomings in this process, and legislative changes likely to contribute to the improvement of the legal framework. Purpose for which I have considered necessary to achieve the following objectives: analysis of the activity of special investigation, its historical evolution, with the identification of the material sources and the formal which regulated the special measures of investigation; the study of scientific approaches in the field, both of the local authors as well as across the borders of the Republic of Moldova; identification of the defining elements that characterize the notion of a special activity of investigations and special investigations, as the basics in the field, establishing the relationship between these notions; the identification and analysis of the principles of the activity of special investigation, provided by the legislation in the field, but and the recommended doctrine and practice; the determination of the notion and the essence of special measures of investigation authorized by the prosecutor, the identification of elements that are similar to them and that distinguish them from the rest of the special measures of investigation, and other activities with analog character; analysis of the legal regime of special measures of investigation authorized by the prosecutor, the formulation of proposals necessary to improve the legislation in the field.

The scientific novelty and originality of the achieved results is marked by the fact that it is a first complex research of the special measures of investigation authorized by the prosecutor, both from the perspective of the middle of conducting special investigations as well as in the quality of evidence process in the framework of the criminal process. For the first time, based on the opinions of the doctrinal in the field, the dynamics of the normative framework and practical materials relevant, have been studied the special measures of investigation authorized by the prosecutor as a social phenomenon, with the identification of their nature, the positive impact and not only, but also of the interference with human rights.

The important scientific problem solved besides the definition of the legal nature of the activity of special investigation in general and special measures of investigation authorized by the public prosecutor in particular in the light of recent legislative changes, also resides in the highlighting of the parts which would ensure the conduct of activities not only within the legal framework but also in the spirit of the law.

The theoretical importance and practical value of the work lies in systematizing the work in the field both in the country as well as abroad with highlighting the most important ideas that relate to the subject of study and attempt of the analysis of the positive aspects and criticism of them, formulating their own ideas on the work of the special investigation and study of the phenomenon from other perspectives.

The implementation of the scientific results. Theoretical and practical elaborations of the special measures of investigation authorized by the prosecutor were implemented in the teaching process of the Faculty of Law and social Sciences of the State University "Alecu Russo" from Bălți. The subject was implemented also in the activity of authorized bodies carrying out special measures of investigation.