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Criminal liability for violation of transport traffic or operational safety rules by the person operating the means of transport


Author: Postovanu Nicolae
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: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 23 October, 2021
Approved by NCAA on the 28 April, 2022

Abstract

Adobe PDF document – 0.73 Mb / in english
Adobe PDF document – 0.80 Mb / in romanian

Thesis

CZU 343.222:343.346

Adobe PDF document 3.32 Mb / in romanian
350 pages

Keywords

means of transport; transport traffic safet y; operation of means of transport; violat ion of rules; imprudence; person operating the means of transport; state of intoxicat ion

Summary

Criminal liability for violation of transport traffic or operational safety rules by the person operating the means of transport”. PhD in Law thesis. Doctoral School of Legal Sciences of the State University of Moldova. Chișinău, 2021 The structure of the thesis: introduction, five chapters, general conclusions and recommendat ions, bibliography of 560 tit les, 318 pages of basic text. The results achieved are published in 22 scient ific papers. Key-words: means of transport; transport traffic safet y; operation of means of transport; violat ion of rules; imprudence; person operating the means of transport; state of intoxicat ion. Field of the thesis. This research refers to the field of criminal law, special part. The purpose and the objectives of the thesis. The purpose of the thesis is expressed in conducting a thorough investigation of criminal liability for the offenses provided by the art. 264 CC RM, in examining and solving the problems that characterize the interpretation and application of this article, as well as in identifying the deficiencies that affect the quality of art. 264 CC RM, with the formulation of proposals meant to contribute to the improvement of the regulatory framework in the matter. In order to achieve the proposed purpose, the following objectives were formulated: the examinat ion from the perspective of criminal law of the constitutive elements of the offenses provided by the art. 264 CC RM, as well as of the aggravating circumstance provided in para. (2), (4) and (6) of this article; the use of extra-penal norms, which establish the transport traffic or operational safety rules, in the process of interpreting art. 264 CC RM; determining the degree of compatibility between art. 264 CC RM and the extra-penal reference norms; comparative analysis of criminal regulations from the laws of foreign states, which establish liability for violation of transport traffic or operational safety rules by the person operating the means of transport, etc. The novelty and the scientific originality of the thesis lies in the fact that a thorough investigation was carried out, from a criminal-legal aspect, of the offenses provided by the art. 264 CC RM. In addition, the scientific novelty of the research results is expressed in the identification of some contradictory concepts found in the doctrine, in their analysis and in expressing their own position. In this regard, theoretical conclusions and recommendations were formulated in order to improve the penal legislation af the Republic of Moldova. The obtained scientific results demonstrate the author's contribution to increasing the degree of knowledge of controversial issues arising in relation to offenses provided by the art. 264 CC RM. The theoretical significance of the thesis consists in: a) rethinking the conceptual foundations of the criminal-legal study in terms of liability for offenses provided by the art. 264 CC RM; b) systemat izat ion of theoretical approaches to establishing the corpus delicti of these offenses; c) the accumulation of extensive theoretical and practical material for the development of some modern and comprehensive areas of research of offenses provided by the art. 264 CC RM, etc. The applicative value of the thesis can be summarized as follows: a) the scient ific concepts presented in the paper are of real interest both for the science of criminal law of the Republic of Moldova and for the Moldovan legislator; b) the interpretation of the notions that appear in art. 132 and 264 CC RM, as well as the proposed criteria for delimiting the adjacent acts, are of great importance both for the application of these articles in accordance with the principle of legality and for the further development of scientific concepts on c) the results of the critical evaluation of the imperfections, which characterize art. 132 and 264 CC RM, may be taken into account by the legislator in the process of continuous improvement of the criminal law, etc.