State security as a social value defended by penal law
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2024-03-23 10:30
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PAVLIUC, Ghenadie. State security as a social value defended by penal law. In: Ţările post-sovietice între UE şi Federaţia Rusă – analiza circumstanţelor specifice şi tendinţelor politice, 27 septembrie 2016, Chișinău. Chișinău, Republica Moldova: Centrul Editorial-Poligrafic al USM, 2016, pp. 463-472. ISBN 978-9975-71-829-5.
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Ţările post-sovietice între UE şi Federaţia Rusă – analiza circumstanţelor specifice şi tendinţelor politice 2016
Conferința "Ţările post-sovietice între UE şi Federaţia Rusă – analiza circumstanţelor specifice şi tendinţelor politice"
Chișinău, Moldova, 27 septembrie 2016

State security as a social value defended by penal law


Pag. 463-472

Pavliuc Ghenadie
 
University of European Political and Economic Studies „Constantin Stere”
 
 
Disponibil în IBN: 18 iulie 2018


Rezumat

The present study examines the doctrinal views on the meaning of the following concepts: „security”, „national security”, „human security”, „state security”, „security of the state”, „public security” etc. Also, within the analysis process we set forth the interconnections between all these concepts. To this end, there were analyzed a series of legislative acts: the Constitution of the Republic of Moldova; the Penal Code of the Republic of Moldova; the Law on approving the National Security Concept of the Republic of Moldova; the State Security Law; the Strategy of National Security approved by Decision of the Parliament of the Republic of Moldova. The study revealed that the concepts of „state security” and „national security” are not synonymous. Similarly, the notion „state security” should not be confused with the concept of „security of the state”. The security of the state, on the one hand, and the military security, economic security, data security etc., on the other hand, cannot be perceived on the same level. They belong to different reference systems. The security of the state is the part of the reference system that also includes the security of people communities and the safety of a particular individual. The security of the state, along with the security of communities of people and the safety of a particular individual, all these three are constitutive elements of the national security system. As well as elements of national security are also the military security, economic security, data security etc., but not in terms of hierarchy, but in terms of fields of practice. For example, we talk about state data security, the security of communities of people or the safety of a particular individual as interconnected fields of practice. But we cannot treat on equal terms data security and the security of the state, for an instance. Additionally to this, data security and the security of the state belong to totally different reference systems. In conclusion, the study argues that not the collocation „ state security”, but the „security of the state” one (branded within the State Security Law) should be used within the title of the Chapter XVII of the Special Part of the Penal Code. As long as the title of the Chapter XVII of the Special Part of the Penal Code establishes that the security is ensured to the state and not to any other beneficiaries, the „security of the state” collocation is the correct one.

Cuvinte-cheie
national security, state security, Penal Code, the Republic of Moldova