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The issue of criminal procedural protection of property


Author: Ababei Eduard
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:2019
Scientific adviser: Tatiana Vizdoaga
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 7 September, 2019
Approved by NCAA on the 27 September, 2019

Abstract

Adobe PDF document – 0.51 Mb / in romanian

Thesis

CZU 343.2 (043.2)

Adobe PDF document 1.35 Mb / in romanian
177 pages

Keywords

property, civil party, civilly liable party, prejudice, fine, seizure, bail, asset lifting, legal costs, civil action, conclusion, sentence, decision, appeal

Summary

Thesis Structure: introduction, four chapters, general conclusions and recommendations, bibliography of 251 titles, 148 pages of main text. 9 scientific works were published on the theme of this thesis.

The scope of research: consists in the complex examination of the mechanism of criminal procedural protection of property and optimisation of the legal framework in this field.

The objectives of the research. The goal of the thesis is to study the evolution of normative regulations on civil action in criminal proceedings, insurer seizure and the judicial fine; the conceptual approach to property and guarantees of property ownership in criminal proceedings. The analysis of the doctrinal visions of thescientists from the Republic of Moldova and other states regarding the assets seizure institutions, the civil action in the criminal trial and the judicial fine. Identifying legal shortcomings regarding the settlement of property seizure, civil action and judicial fine. submitting proposals to the law to improve the current regulatory framework in the field.Submitting proposals of lege ferenda to improve the current framework in the field.

The novelty and originality of the research are determined by the purpose, the objectives and the peculiarities of dealing with problems related to the issue of the criminal procedural protection of the property. The institution of criminal procedural protection of property is considered as a fundamental element of achieving the objectives of the criminal trial.

The results obtained contributing to solving an important scientific problem: that lie in the formulation of the definition of procedural-criminal protection of property, as well as the reassessment of regulations on procedural measures that affect property rights and civil action in criminal proceedings, which led to the elaboration of the proposals for the law of Republic of Moldova with a view to improving and adjusting the procedural and criminal legislation of the Republic of Moldova to the international standards and the requirements of the good judicial practices in the field.

Theoretical significance: the paper highlights the doctrinal approaches of different authors on the procedural-criminal mechanism by which the right to property is ensured and identifies the deficiencies in the regulatory framework through the CoEDO and CtEDO jurisdictions.

The scientific issue of major importance: resides in the analysis and reevaluation of the theory and practice of procedural and criminal protection of property, which contributed to the creation of a theoretical and methodological foundation necessary for streamlining the proceduralcriminal policy of the field of property protection, allowing optimisation of the procedural-criminal doctrine in this field.

Applied research value: the results and conclusions of this paper will be used in practice by criminal prosecution officers, prosecutors, judges and other participants in the process of resolving the civil aspect of the criminal case and any other patrimonial matters; will contribute to the uniformity of judicial practice.

Implementation of scientific results. The results of the investigation were implemented in the educational and scientific process of the Moldavian State Univercity and State University „Alecu Russo”, Balti.