PARTICULARIITĂȚI ALE EFECTUĂRII UNOR ACȚIUNI DE URMĂRIRE PENALĂ ÎN PROCESUL CERCETĂRII INFRACȚIUNILOR DE INSOLVABILITATE INTENȚIONATĂ ȘI INSOLVABILITATE FICTIVĂ
PARTICULARITIES OF CARRYING OUT CRIMINAL INVESTIGATION ACTIONS IN THE PROCESS OF INVESTIGATING INTENTIONAL INSOLVENCY AND FICTITIOUS INSOLVENCY CRIMES

Summary/Abstract: The stability of economic development and the resilience of market relations are among the main objectives of any state. One of the most important elements of the market economy is the institution of bankruptcy (insolvency). The rapid development of market relations has necessitated appropriate legal regulation for many issues, including those related to insolvency. The intense redistribution of property has led to the emergence of new ways of asset concealment. The generalization of the application of legal norms regarding insolvency (bankruptcy) reveals the widespread attempts to gain profits and benefits through illegal means by using this form of economic revitalization. The high social danger of actions motivated by the desire to obtain assets through insolvency has made it necessary for the legislator to introduce corresponding amendments to the Penal Code and to tighten the liability for committing crimes in the area of insolvency. Establishing criminal liability for intentional insolvency and fictitious insolvency has generated many issues in the law enforcement activity and in the organization of the work of criminal investigation bodies and judicial authorities, which still require proper solutions. These also refer to the methodology issues related to investigating crimes connected with intentional insolvency and fictitious insolvency. It is evident that law enforcement agencies are insufficiently prepared to handle crimes in the area of insolvency. Largely, this situation is due to the fact that, until now, no methodology has been developed in the Republic of Moldova aimed at detecting and investigating criminal acts of insolvency. These and other circumstances, taken together, highlight the relevance of the research conducted in this article.

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