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Penal liability for illegal practice of entrepreneurial activity


Author: Băbălău Denis
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:2017
Scientific adviser: Gheorghe Ulianovschi
doctor, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 24 June, 2017 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.43 Mb / in romanian

Thesis

CZU 343.37:343.222(043.3)

Adobe PDF document 1.94 Mb / in romanian
189 pages


Keywords

the illegal practice of entrepreneurial activity; profit rate; income; registration; activities prohibited by law; brands; tax codes; two or more persons; using official position.

Summary

The thesis includes: Introduction, 4 chapters, general conclusions and recommendations, bibliography of 354 titles, 160 basic text pages. The achieved results are published in 9 scientific papers.

Field of study. This paper focuses on one of the most actual and complex issue of the Special Part of the Penal law: the penal liability for illegal practice of entrepreneurial activity.

The purpose of the doctoral thesis: expending the concept of applying the penal liability for offences referred to at art. 241 PC RM.

Objectives: to identify the content elements of the concept of „entrepreneurial activity” used in art. 125 and art. 241 PC RM; presenting the suppositions which underlie the subject of the offences referred to at art. 241 PC RM to have a special quality; to establish the conditions under which the provisions of lett. b) and lett. c) par. (2) art. 241 PC RM become applicable etc.

The scientific novelty and the originality of the achieved results. The novelty of the paper is determined by the fact that within are proposed notions, theses, concepts that put in a new light some of the most controversial issue related to the application of penal liability for offences set forth at art. 241 PC RM. The originality of the obtained results consists in the necessity of investigating the most controversial issues of the penal law science and practice with regard to the offences in question.

The important scientific problem resolved consists in interpretation of the provisions of art. 241 PC RM, which led to the clarification for theorists and practitioners in the field of penal law on the applicability terms of this article, in order to make sure the offences are qualified properly in accordance with the provisions of art. 241 PC RM.

The theoretical importance and the applicability value of the paper. Based on the conducted investigations, there was revealed several shortages and deficiencies of regulatory nature, as well as the inadequacy of scientific works dedicated to the investigated matter. This situation prevents the correct application and interpretation of the provisions of art. 241 PC RM. To overcome these shortcomings, to the scientific community are submitted a series of conclusions and recommendations to improve the regulatory framework.

The implementation of the obtained scientific results. The results are applicable in the practice of law enforcement bodies, in particular with regard to the interpretation and proper application of art. 241 PC RM. Also, the obtained results can be considered in the development of scientific works as guidelines for teachers, students, master and doctoral students.