of October 31, 1995 No. 618-XIII
About state security
Considering national priorities, availability of factors which impact can threaten safety of the Republic of Moldova, and also proceeding from need to determine bases of ensuring state security, competence of the supreme bodies of the public power of this area, system of the state security agencies, the rights and obligations of citizens, the companies, organizations and organizations for ensuring state security,
The parliament adopts this law.
State security is component of homeland security. State security is understood as security of sovereignty, independence, territorial integrity and the constitutional system of the country, its economic, scientific and technical and defensive potential, legitimate rights and personal freedoms from prospecting subversive activities of foreign intelligence agencies and organizations, and also from criminal encroachments of separate groups or persons.
The legislation on state security is based on the Constitution of the Republic of Moldova and consists of this law, other legal acts determining the main directions of activities of the state in the field of safety of the country, and also international treaties of the Republic of Moldova.
State security is ensured by determination and realization by the state of system of the measures of economic, political, legal, military, organizational and other nature directed to timely detection, the prevention and suppression of threats of state security.
(1) under the threat of state security set of the actions, conditions and factors constituting danger to the state, society and the personality is understood.
a) the actions directed to violent change of the constitutional system, blasting or destruction of sovereignty, independence and territorial integrity of the country. These actions cannot be interpreted to the detriment of political pluralism, realization of constitutional rights and human freedoms;
b) the activities directly or indirectly promoting expansion of fighting against the country or to unleashing of civil war;
c) the armed or other violent acts undermining the state foundations;
d) the actions promoting emergence of emergencies on objects of transport, communication, life support and economy;
e) espionage, transfer of the data which are the state secret, to other states and also illegal receipt or storage of the data which are the state secret for the purpose of transfer to their other states or anticonstitutional structures;
f) the treachery which is expressed in assistance to other state in carrying out hostile activities against the Republic of Moldova;
g) the actions directed to violent overthrow of duly elected bodies of the public power;
h) the actions for the purpose of infringement of constitutional rights and freedoms of citizens causing threat of state security;
i) preparation and making of acts of terrorism, and also infringement of life, health and immunity of management officials of the republic and foreign state and public figures during their stay in the Republic of Moldova;
j) plunder and arms trafficking, ammunition, military equipment, the explosive, radioactive, poisoning, narcotic, toxic and other substances, their illegal production, use, transportation and storage if at the same time interests of ensuring state security are infringed;
k) creation of the illegal organizations or groups posing threat of state security, or participation in their activities.
l) the cases of organized crime and/or corruption undermining state security.
The main activities on ensuring state security are:
a) forming of foreign and domestic policy taking into account interests of ensuring state security;
b) determination and realization of system of the measures of economic, political, legal, military, organizational and other nature directed to timely detection, the prevention and suppression of threats of state security;
c) formation of system of the state security agencies, separation of their functions with simultaneous ensuring interaction, and also creation of the mechanism of control and supervision of their activities;
d) enhancement of the legal basis of ensuring state security;
e) coordinating with other states of activities for identification, the prevention and suppression of possible threats of state security.
The basic principles of ensuring state security are:
b) equality of all before the law;
c) observance of human rights and freedoms;
d) separation of powers of the bodies ensuring state security;
f) combination of public and secret methods of work;
g) ensuring state security without causing damage of safety of other states and general safety;
h) extra party membership;
i) conspiracy in work and publicity;
j) application of scientific and technical achievements.
(1) the Respect and protection of human rights and freedoms are one of fundamental obligations of the state.
(3) intervention in family and private life, infringement of the right of private property are not allowed. The state provides the secrecy of letters, telegrams and other mailings, telephone negotiations and other legal types of communication. Any action affecting honor and advantage of the person if he did not make the offense constituting according to the law threat for state security is not admissible.
(4) Nobody can be exposed to prosecutions for free expression of the political and religious views.
(5) Restriction of human rights and freedoms is performed in strict accordance with the legislation.
(6) Person considering that its legitimate rights and freedoms were restrained their implementation is unreasonably limited or the procedure of their implementation from body (official) performing measures for ensuring state security is violated has the right to address to higher body of state security, prosecutor's office or court in the procedure established by the legislation.
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