ASIGURAREA SECURITĂȚII ECONOMICE CA VALOARE FUNDAMENTALĂ A SOCIETĂȚII DEMOCRATICE PRIN ANALIZA JURIDICĂ A CAP. XV COD CONTRAVENȚIONAL

Abstract

The proposed paper contains a general analysis of more specific categories of contraventions, regarding a complex of values: entrepreneurial activity, taxation, customs activity and securities. Thus, the article presents aspects regarding the preexisting conditions of the contraventions in this category, their constitutive contents, the forms and ways of commission, as well as the applicable sanctions. Due to the complex analysis of these elements, the objective legal qualification of the facts can be performed, the degree of social danger and the limits of their sanctioning can be determined. Establishing these contraventions is necessary for the defense of the rights and legitimate interests of the person, the defense of property, public order and other values protected by the contravention law. Starting from the hypothesis that one of the national priorities of the Republic of Moldova in the 21st century is to ensure economic security, from the beginning of this paper we have to highlight the generic object of the given contraventions, consisting of four large groups of social relations resulting from the title of the chapter: entrepreneurial activity, taxation, customs activity, securities. The illustrated official statistics regarding the commission, establishing, sanctioning of the contraventions provided in chapter XV of the Contravention Code had an important contribution to the elaboration of the paper. The granular data led to a better understanding of the ways and means the authorities fight against the phenomenon of economic contravention, but also the effectiveness of prevention measures, by comparing the information from year to year. In the content of the work, the presence of the material object in some contraventions was mentioned, namely, the physical entity affected by the commission of the contravention. Not least, as a result of the research, the subject of the contraventions was established, the individual and the legal entity, including the presence of the special subject – the responsible person and the person with a position of public dignity. We believe that the proposed material will be useful for the students from the law faculties, but also to be implemented by the legal practitioners.