The European legal framework of environmental policy and its impact on the criminal legislation of Republic of Moldova

Abstract

The article contains a brief interpretation of the provisions of Directive 2008/99/EC of the European Parliament and of the Council of 19.11.2008 regarding the protection of the environment through criminal law and the impact of its provisions on the criminal legislation of the Republic of Moldova in its capacity as a candidate state for accession to the EU. The author compares the provisions of the Directive and the national framework in the matter of environmental protection through legal-criminal means and the correspondence of the criminal legislation of the Republic of Moldova with the provisions of international acts in the matter. In this article, there are highlighted the objects of legal-criminal protection against criminal attacks and the extent to which they correspond to the objects recommended for protection by the mentioned EU Directive. The author also notes that as a result of the conducted research, it is possible to draw a general conclusion that the concepts of "environmental protection” and "ecological safety” cannot be considered synonymous.
 Also, there is analyzed the effectiveness of the applicability of the legal-criminal provisions of the Criminal Code of the Republic of Moldova, the interpretation deficiencies and certain legislative gaps. In the conclusions of the study, the author comes up with some general recommendations that, in his opinion, would contribute to improving the national legislative framework and raising the level of efficiency in its practical application. Therefore, the author highlights the importance of alignment of the national legislation with the EU standards, not only because it is an obligation for becoming an EU member state, but also for improving the legislative framework in order to be in accordance with the main international aspirations. Thus, the Republic of Moldova could become not only ready for joining the EU family, but also a prosperous and a safe country to live in.