ANALIZA JURIDICO-PENALĂ A INFRACȚIUNILORDE EXERCITARE A ATRIBUȚIILOR ÎN SECTORUL PUBLICÎN SITUAȚIE DE CONFLICT DE INTERESE (art.3261 CP RM)

Studia Universitatis Moldaviae: Stiinte Sociale

Cristina CHIHAI¹ 

[1] Universitatea de Stat din MoldovaJudecătoria Chișinău (Sediul Buiucani);

关键词: conflict of interest, personal interest, public person, person in charge of public dignity, subject of declaration of wealth, patrimonial advantage;   

DOI  :  

来源: DOAJ

【 摘 要 】

Through this scientific article, we aim to deepen the concepts of qualification of criminal offenses according to art. 326¹ Criminal Code of the Republic Moldova and to solve the dilemmas regarding the involvement of the criminal responsibility for the act of exercising the public sector attributions in the situation of conflict of interests, implicitly recommending the concrete measures regarding the improvement of the regulatory framework in the field and the unitary application by the law enforcement bodies of the norm anchored to art.326¹ CC RM. A fortiori, we state that the prevention and the fight against violations of the regulatory framework regarding the correctness of the exercise of the service duties in the public sphere, its efficiency and professionalism must be regarded as one of the primordial and eminent goals of the state policy. Per a contrario, both at national and global level, there has been a terrifying increase in the level of criminality in the public sphere, but this assertion is mirrored by the frequent acts of corruption held in the public domain. As a consequence, by realizing the resonance of these negative effects, the Parliament of the Republic of Moldova adopted the Law for completing some legislative acts, no.66 of 24.05.2018, which complied the Contravention Code of the Republic Moldova with art.313⁵ "Non-execution of the measures regarding the execution of the provisions of the Law on declaration of wealth and interests personal" and art.313⁶ "Violation of the legal regime of restrictions and limitations related to the termination of the mandate, of the employment or service relations and the private sector migration of the public servants (slippers)", and in the last ratio, the Criminal Code of the Republic Moldova with art.326¹ "Exercise of public sector attributions in a situation of conflict of interests". As a result, in the present case, we are pursuing the juridical-criminal analysis of the constitutive elements of the offences and the aggravating circumstance recorded in art.326¹ CC RM, the interpretation of the normative content of the given norm, as well as the enlightening of the qualification rules and the conditions of application of art.326¹ CC RM.

【 授权许可】

Unknown