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Metodica investigătii accidentelor de muncă şi avariilor în domeniul minier


Author: Romulus Morega
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:2005
Scientific adviser: Mihai Gheorghiţă
doctor habilitat, professor, Free International University of Moldova
Institution:

Status

The thesis was presented on the 29 September, 2005
Approved by NCAA on the 22 December, 2005

Abstract

Adobe PDF document0.20 Mb / in romanian

Summary

Industrial accidents and diseases through their characteristics represent allegory phenomena, their appearance being only likelihood estimated, their increased number being associated with the evolution of the industrial civilisation.

The frequent changes within society have led to the modification of the legislative frame and taking into account the features of the transition period, based upon privatization and foundation of private capital companies, the problems specific to work secutity have been amplified by these phenomena.

In the first part of the work, it is presented the general characteristic of industrial accidents and damages in Romania and Republic of Moldova, taking into account their evolution in time, it is defined the concept of industrial accident, their classification, the way they are specified within the new legal regulation frame, respectively the Romanian Law 90/1996 concerning work security.

At the same time it is analysed the criminology characteristic and the features of investigating industrial accidents and damages within the mining field, their classification, setting up a research team and its specific tasks.

The second part of the work emphasises the aspects regarding the specific of the on spot research of these types of accidents, focusing on the main activities regarding penal investigation planning, on spot observations, collecting the documents regardind the periodic working personnel trening and the manner of control execution concerning the abidance by processed work security rules, hearing the victims, witnesses and people in charge of work security, stating the technical – scientific observations.

The last part of the work is based on analiysing the subsequent phase of the research, being dealt aspects regarding the features of hearing the persons guilty of producing the industrial accidents or damages within the mining field, the tactic of accomplishing judicial confrontations and experiment, ordering technical and medical – legal expertise.

At the same time, there is done a wide analysis of the causes, risk factors as well as the consequences of industrial accidents.

The aspects dealt in this work lead to an exact aseessment of the social, economical and financial implications, industrial accidents and damages, leading to the involvement of the decision factors and adopting several legislative and administrative measures in order to identify the risk sources, reducing and annihilating them.