REFLECTIONS ON THE LEGALITY OF CRIMINALIZATION OF SEPARATIST ACTIONS WITHIN THE REPUBLIC OF MOLDOVA

Separatism is not a new phenomenon, but the many types and severities of challenges that it presents in modern nations is unprecedented in its history. Many of its modern manifestations hide themselves under the guise of the right to self-determination, or attempt to deflect legal action by being ”technically non-violent”. Combating these elements has presented a significant, but not insurmountable challenge for many modern nations. The Republic of Moldova is currently engaged in a struggle to maintain its sovereignty and integrity in the face of the de facto separation of the Transnistrian region, as well as other separatist movements in the East and South. The potentially devastating consequences of such movements cannot be ignored, as the effects can create international conflicts, exemplified by the dramatic consequences of seperatism in Ukraine. An analysis of the Moldovan Criminal Code highlights several gaps within the framework of safeguarding the nation from the destructive effects of separatism. The current law is only effective in prosecuting separatist actions that are achieved through, or directly call for violent actions. These ”loopholes” can easily be closed within the existing foundation of Moldovan Constitutional law, while maintaining adherence to international law in regard to individual freedom. Such legal safeguards have already been achieved in several states across Europe and the world.