Reflecții privind normativitatea juridică a investigațiilor speciale ca mecanism al respectării drepturilor persoanei în Republica Moldova

• Published in: Legea şi Viaţa Vol. 1; no. 1; pp. 39 - 54
• Main Authors: Glavan, Boris, Calcavura, Ghennadi
• Format: Journal Article
• Language: Romanian, Moldovan
• Published: Academia “Stefan cel Mare” a MAI al Republicii Moldova 2023; Academy “Stefan cel Mare” of the MIA of the Republic of Moldova
• Subjects: Human Rights and Humanitarian Law; Law, Constitution, Jurisprudence; respect for the rights of the person; special investigative activity; criminal process; special investigations; special investigative measures; legal norms
• ISSN: 2587-4365; 2587-4373

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.