Elements of comparative criminal law regarding the crime of creating a criminal organization with a terrorist character

Abstract

Lately, the international community is facing serious threats to security and world order, which is expressed through new forms of crime, especially in its organized and terrorist aspect. According to the criminal legislation of the Republic of Moldova, the purpose of committing one or more terrorist offenses determines the aggravation of criminal liability for the creation or management of a criminal organization, which contrasts against the background of the legislative provisions of other states. In the study, the comparative method of examining the criminal laws of other states was used as a priority. At the same time, in addition to the method of logical analysis and case study, the prospective method of studying law with reference to current trends in the evolution of legal and criminal norms has been widely applied. The study is oriented towards the comparative analysis of the norm stipulated in article 284, para. (2) Penal Code, in the light of the criminal laws of the neighboring states (Russian Federation, Ukraine, Romania), which allows highlighting the existing gaps, general tendencies of incrimination and the possibilities of perfecting the national normative framework. In addition, the improvement of the national normative framework, harmonized with that of the neighboring states, offers wide possibilities in the field of international legal cooperation in criminal matters, which determines repercussions on all areas of social life in the state.