LAW OF THE REPUBLIC OF MOLDOVA

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.

Chapter I General provisions

Article 1. State security

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.

Article 2. Legislation on state security

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.

Article 3. Ensuring state security

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.

Article 4. Threat 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.

(2) Special threat for state security is posed action/failure to act, directed to realization, and also realization of the following acts:

a) violent change of the constitutional system, implementation of the subversive activities or other actions directed to violent overthrow of democratic institutes of the state, blasting or destruction in any form of sovereignty, independence or territorial integrity and unity of the state;

b) capture of the government;

c) the incitement of racial, national, religious, social hatred which is followed by violence or instigation to violent acts;

d) the activities implementation directly or indirectly promoting expansion of fighting against the Republic of Moldova, to occupation of the state by foreign armed forces, easing of defense capability or capability of safety of frontier, service of the foreign power or initiation of war, the internal or international military conflicts, implementation of other violent acts undermining existence of the state;

e) implementation of the actions and assumption of the prerequisites promoting, determining or able to cause serious or irreparable damage to national objects in the sphere of transport, communication, power system, to information systems or systems of electronic communications, in the bank financial market, in tax, customs or investment areas, in primary branches of economy of the Republic of Moldova, to their external relations or objects of critical infrastructure;

f) treachery of the homeland, espionage, activities of illegal information structure, plot against the Republic of Moldova, illegal information collection, separatism;

g) emergence of cyberthreats or cyberincidents in information networks and systems of national value;

h) emergence of the hybrid threats to the state expressed in actions/failure to act at national, regional or world level, affecting stability of the state and also in the promotional hostile campaigns or campaigns for misinformation capable to cause damage to the constitutional system;

i) plunder, smuggling, production, use, transportation or illegal storage of weapon, ammunition, military equipment, the explosive, radioactive, poisoning or toxic substances, drugs, strategic goods if these actions infringe interests of ensuring state security;

j) implementation of terrorist activities, any form of support of these activities, other extremist activities, promotion of the terrorist and extremist ideas and values;

k) involvement in corruption manifestations of persons holding responsible state positions, law enforcement officers and/or regulatory authorities which owing to the official situation / status make illegal action or failure to act in interests or on specifying of organized criminal group or criminal organization or which apply the schemes of corruption acts harming proper functioning of organization in which they perform activities, or to reliable functioning of industries of national economy;

l) influence on the electoral processes for the purpose of promotion of interests of foreign states, anticonstitutional subjects, organized criminal group or the criminal organization;

m) illegal management, destruction or destruction of natural resources of national value or blocking of access to them;

n) implementation of the activities directed to creation or distribution of epidemics or pandemics;

o) excessive radiation, chemical or bacteriological environmental pollution or creation of threat to ecological safety if it can lead to ecocide;

p) illegal manufacture or ownership of the special equipment or software for interception and/or access to communications, data flows and computer systems;

q) organization of illegal migration by foreign state, anticonstitutional subject, transnational organized criminal group or criminal organization;

r) creation at the national or international level of the illegal organizations or groups, accession to them or any form of their support for the purpose of implementation of any of the types of activity specified in Items and) - q), and also secret implementation of such activities by legally created organizations or groups.

Article 5. The main activities on ensuring 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.

Article 6. Principles of ensuring state security

The basic principles of ensuring state security are:

a) legality;

b) equality of all before the law;

c) observance of human rights and freedoms;

d) separation of powers of the bodies ensuring state security;

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