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Criminal phenomenon of separatism: opportunities of incrimination and international practices


Author: CARA Evgheni
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:2022
Scientific adviser: Valeriu Cuşnir
doctor habilitat, professor,
Institution: Free International University of Moldova

Status

The thesis was presented on the 30 August, 2022 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.58 Mb / in romanian

Thesis

CZU 343.325:341.6(043.3)

Adobe PDF document 3.62 Mb / in romanian
208 pages


Keywords

separatism, separatist actions, crime, incrimination, sovereignty, territorial integrity, security, anti-separatism practices, armed conflict, violence

Summary

Cara Evgheni, „Criminal phenomenon of separatism: opportunities of incrimination and international practices”, PhD Thesis in Law, Specialty 554.01 – Criminal Law and law of penal execution, Chisinau, 2022 The structure of the thesis: Introduction, 4 chapters, general conclusions and recommendations, bibliography of 254 titles, 3 appendices and 179 basic text pages. The achieved results are published in 11 scientific papers. Keywords: separatism, separatist actions, crime, incrimination, sovereignty, territorial integrity, security, anti-separatism practices, armed conflict, violence. The purpose of the doctoral thesis consists in carrying out a complex scientific research on the phenomenon of separatism, national and international policies for preventing and combating it, identifying existing legislative gaps and covering them by norms of de lege ferenda to sanction separatist actions. The objectives of investigation: consists in analysis of acts and doctrine on separatism; researching the premises for preventing and combating acts of separatism; identifying and comparing the incriminating patterns of separatism and jurisprudence in this area; research of social relations subsumed in Chapter XVII of the Special Part of the Criminal Code of the Republic of Moldova and establishing their relationship with separatism; defining separatism in criminal law; elaboration of the proposals of de lege ferenda regarding the incrimination of the separatist actions and the improvement of some norms from Criminal Code of the Republic of Moldova. The scientific novelty and originality of the obtained results lies in the complex research of the phenomenon of separatism, its nature and forms of externalization, the ways and means of operation of separatists, international practices of preventing and combating the phenomenon in question by means of criminal law, including crimes against social relations regarding the territorial integrity of the country, the sovereignty and national security of the Republic of Moldova, as well as filling the existing legislative gaps in order to qualify the acts of separatism as a crime and provide their appropriate punishment. The scientific novelty of the research is also determined by certain factors: a) the need to increase the social reaction of the state to threats of separatist origin; b) the danger of separatist actions, its impact and consequences are likely to determine the need to increase the responsibility of perpetrators for committing of these actions; c) the opportunity to extend the scope of incrimination of separatist actions from the perspective of streamlining pre-crime prevention measures. The obtained results which contribute to solving of the foremost scientific problem. consists in outlining a complex conceptual framework regarding the legal nature of the phenomenon of separatism in the light of international and national law, practices and jurisprudence accumulated in this regard, which led to the identification of gaps in the legal-criminal protection regime, and correspondingly, the elaboration and promotion norms of de lege ferenda meant to consolidate the penal sanctioning norms in order to prevent and fight effectively the actions of separatism. The theoretical importance lies in the conceptualization of criminal liability for separatist actions. At the same time, the paper provides extensive theoretical and normative support on the treatment of the phenomenon of separatism at international and national level. The multiaspectual approach to the phenomenon of separatism can serve as a scientific-methodological frame of reference for different specialized environments. Practical value of the research paper stems from the volume of relevant and useful information both from the perspective of Transnistrian settlement process and for the development of the legal-criminal framework to be able to cope with the dangers of separatism in the Republic of Moldova. The implementation of the obtained scientific results: The results of the research can be used in the teaching process of law schools, political science and international relations of higher education institutions, including thematic scientific research on separatism, and the implementation of legislative initiatives to sanction the phenomenon in question. These results are also useful for law enforcement agencies in preventing and combating the actions of separatism.