Protection of classified information in Bosnia and Herzegovina and Croatia. Selected criminal and administrative regulations

Abstract

The article discusses administrative regulations relating to the organization of the system for the protection of classified information in the Republic of Croatia and Bosnia and Herzegovina, as well as presents the criminal laws on crimes against the protection of classified information in force in these countries, along with an interpretation of these laws. The article also presents selected administrative regulations governing the procedure for carrying out security clearances for the issuance of a security clearance allowing access to classified information. In addition, the rationale for classifying information and assigning it a specific classification is discussed. On the basis of an analysis of the provisions in force in Bosnia and Herzegovina (Article 164 § 9 of the Criminal Code) and a comparison with those in force in Poland, among other things, a conclusion was drawn that Polish legislation does not include a countertype that would relieve from criminal liability depositaries of secrets who transfer classified information (without obtaining the consent of the authorities specified by law) in order to prosecute the perpetrators of crimes. The above can be the basis of a legislative de lege ferenda request. The article does not exhaust the topic covered, but merely indicates selected issues of the system of protection of classified information. The exploration that has been initiated may be used to conduct in-depth studies of the issue at hand in the future.