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Crimes Affecting the State Border Regime of the Republic of Moldova


Author: Megherea Marin
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 adviser: Viorel Berliba
doctor habilitat, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Free International University of Moldova

Status

The thesis was presented on the 29 September, 2018
Approved by NCAA on the 23 November, 2018

Thesis

CZU 343.343.6 (043.3)

Adobe PDF document 2.25 Mb / in romanian
175 pages


Keywords

border, state border, customs border, boundary, inner border, external border, crossing point, territory, terrestrial space, air space, maritime space, subsoil, legal regime of the border, legal regime of the state border

Summary

Thesis structure: 3 chapters; general conclusions and recommendations; references comprising 185 titles; 140 pages of basic text. The results obtained have been published in 6 scientific works.

Field of research. The Ph.D. thesis-related scientific researches deal with the special part of the criminal law. A particular attention has been paid to the segment of crimes affecting the legal regime of the state border of the Republic of Moldova but not based on a well-systemised grounds. Only complex study of the signs identifying the definitory and systemic peculiarities of such prejudiced deeds can contribute to effective combatting such crimes, using the means provided by the criminal law.

Goal and objectives of the Ph.D. thesis. The goal hereof is to identify the effective mechanism of combatting the prejudiced deeds affecting the legal regime of the state border of the Republic of Moldova.Such a mechanism is to be based on the means provided by the criminal law and on the analysis of correlation of the categories of similar crimes and description of the systemic nature thereof, followed by general legal and criminal characteristics of the crimes affecting the legal regime of the state border of the Republic of Moldova. The objectives hereof are: determining the concepts of the crimes affecting the regime of the state border of the Republic of Moldova; determining the system of crimes affecting the regime of the state border of the Republic of Moldova; determining the correlation and definitory signs of the legal and material objects of the crimes affecting the regime of the state border of the Republic of Moldova; analysis of the general components of the crimes affecting the regime of the state border of the Republic of Moldova; making and formulating the general conclusions and recommendations, including lex ferenda, that will implement an effective mechanism of combatting the prejudiced deeds affecting the regime of the state border of the Republic of Moldova, provided that such a mechanism is to be based on the means of the criminal law.

Scientific novelty and originality of the results obtained follows from the following conceptual premises: A. The crimes affecting the regime of the state border of the Republic of Moldova are a subsystem based on several definitory signs: subjects of attempted acts, ways of manifestation and component elements thereof. B. The bases of the crimes affecting the regime of the state border of the Republic of Moldova are certain ways of manifestation of the crimes related to recruitment, training or offer of assistance for terrorist purposes; illegal border crossing; some ways of manifestation of the crimes related to organising the illegal migration, and so on. C. According to the effective laws, the crimes directly affecting the regime of the state border of the Republic of Moldova may be included in two different categories: a group of crimes that, in their aggregate, affect the regime of the state border of the Republic of Moldova, and a group of crimes affecting the regime of the border exclusively in case of some stipulated objective ways of manifestation thereof. D. Although the crimes affecting the regime of the state border of the Republic of Moldova are presently comprised in different chapters of the Criminal Code of the Republic of Moldova, they affect the same common object – social relations ensuring the normal regime of the state border of the Republic of Moldova, and so on.

Important scientific problem solved herein is identification of the effective mechanism of combatting the crimes affecting the regime of the state border of the Republic of Moldova. But this will contribute to improvement of the relevant criminal law rules if such a mechanism is applied in case of potential breaches of social relations within the framework of the legal regime mentioned.

Theoretical significance. The scientific research conducted as this Ph.D. thesis proposes favourable premises for development of the theory and doctrine of the criminality, particularly, of that one affecting the legal regime of the state border of the Republic of Moldova.

Applicative significance hereof results from a possibility to use the scientific conclusions drawn in the course of research and didactic activities in the process of application by the criminal investigative officers, prosecutors and judges of the criminal law rules, as well as in the course of the complex process related to amendment and harmonisation of the criminal law with the European and international standards.

Application of scientific results. The conclusions and recommendations that are scientific results of the research conducted have been reflected in 6 scientific articles published in scientific journals, and, as well, in the course of participation in international research-to-practice conferences.