期刊名称:Studia Universitatis Moldaviae: Stiinte Exacte si Economice
印刷版ISSN:1857-2073
电子版ISSN:2345-1033
出版年度:2007
期号:6(06)
页码:142-148
出版社:Moldova State University
摘要:The depravation of the right of occupying certain functions or of practicing a certain activity as a penal punishmentwas known both in the old and modern penal legislature. The present national penal legislature also provides the discussedpunishment. This situation demonstrates eloquently that the given punishment plays an important role in thestate’s coercive policy.Being a rights’ privative punishment, it mostly aims to impede the convict to have further access to the function oractivity that he used for criminal purposes, against the legal stipulations.Although this is a punishment rooted in the legislature of many states, event nowadays, the jurist-scientists do nothave a single position regarding the juridical nature of this punishment - a fact that we tried to clarify in the present study.Analyzing the content of depravation of the right of occupying certain functions or of practicing a certain activity,we came to the conclusion that some legislative deficiencies make impossible a more extensive and efficient applicationof this punishment. As a result we made some law proposals that, if applied, would improve the situation and wouldtransform the named punishment in a real alternative to the privation of freedom