Reflections on the legal normativity of special investigations as a mechanism of respecting personal rights in the Republic of Moldova Cover Image

Reflecții privind normativitatea juridică a investigațiilor speciale ca mecanism al respectării drepturilor persoanei în Republica Moldova
Reflections on the legal normativity of special investigations as a mechanism of respecting personal rights in the Republic of Moldova

Author(s): Boris Glavan, Ghennadi Calcavura
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: special investigative activity; special investigative measures; criminal process; special investigations; legal norms; respect for the rights of the person;

Summary/Abstract: The work is dedicated to the analysis of a subject of particular importance from the perspective of respecting the rights and freedoms of the person in the field of special investigations. The need for the study is determined by the lack of clear legal provisions in the national law system that would indicate the legal normativity of special investigations. The actuality of the study derives from the complexity of determining the normative acts and their regulatory limits of social relations formed in the process of carrying out special investigations. The paper elucidates the circumstances that led to the differentiated regulation of two groups of special investigative relationships that occur within and outside the criminal process and, as a consequence , to the idea of the existence of two types of special investigations, while at the same time several problems related to the legal regulation of special investigative measures as the main structural element of special investigative activity.

  • Issue Year: 1/2023
  • Issue No: 1
  • Page Range: 39-54
  • Page Count: 16
  • Language: Romanian