Some considerations regarding the object of the crime provided for in art. 2461 Criminal code of the RM (unfair competition)

Abstract

Crimes are always based on the existence of a certain relationship or situation that is violated by the act of conduct that constitutes the crime. This relationship or situation is what is called the object of the crime. The Constitution of the Republic of Moldova in article 9 paragraph (3) proclaims that «The market, free economic initiative, fair competition are the basic factors of the economy», and in article 126 paragraph (2) letter b) it is provided that «The State must ensure the freedom of trade and entrepreneurial activity, the protection of fair competition, the creation of a favorable framework for the exploitation of all production factors». Starting from the mentioned requirement, the legislator established a complex mechanism that would ensure its fulfillment, among which there is a corresponding normative framework. Considering the diversity of the actions that constitute unfair competition, the fields in which they can be committed, determining the object to which the crime of unfair competition is aimed is of significant importance. In this scientific article, a detailed analysis of the concept of «object of the crime of unfair competition» was carried out under the provisions of the legislation of the Republic of Moldova. The article highlighted the importance of the object of the offense in the context of unfair competition, showing how it serves as a central pillar for establishing guilt and enforcing the law. It was emphasized that the object of the crime of unfair competition consists of protecting commercial and economic interests, as well as preventing unfair practices that harm the competitive environment. This scientific article provides a clear and informed perspective on the object of the crime of unfair competition in the Republic of Moldova, highlighting the importance of this concept in law enforcement and in maintaining a fair and equitable competitive environment.

Keywords

• competition
• the national economy
• unfair competition
• the object of the crime
• fair competition
• economic interests