{"title":"在国家秘密概念的背景下,为犯罪的法律框架提供了依据。《摩尔多瓦共和国刑法》第344条","authors":"Valentin Chiriţa, A. Gaina","doi":"10.52388/1811-0770.2022.2(248).02","DOIUrl":null,"url":null,"abstract":"The constitutional provisions of the Republic of Moldova state that the right of the person to have access to any information of public interest cannot be limited, and the public authorities, according to their powers, are obliged to ensure the correct information of the citizens on public affairs and on issues of personal interest. Additionally, the provisions of the same article stipulate that the right to information must not prejudice measures to protect citizens or national security. The prevention and combating of crimes against public authorities, as well as acts threatening national security, as a result of the disclosure of state secrets, is of major importance, in the context of the new geopolitical situation. In the content of this article, some approaches were made regarding the etymology and notion of state secret, the degrees of secrecy, the principles and methods of assigning information to state secret, in accordance with the local legislation in force. At the same time, the provisions of foreign legislation with reference to the protection of classified information were studied, some additions to the normative framework in force in the field of state secret protection being proposed.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"33 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The notion of state secret in the context of the legal framework of the crime provided by art. 344 of the Criminal code of the Republic of Moldova\",\"authors\":\"Valentin Chiriţa, A. Gaina\",\"doi\":\"10.52388/1811-0770.2022.2(248).02\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The constitutional provisions of the Republic of Moldova state that the right of the person to have access to any information of public interest cannot be limited, and the public authorities, according to their powers, are obliged to ensure the correct information of the citizens on public affairs and on issues of personal interest. Additionally, the provisions of the same article stipulate that the right to information must not prejudice measures to protect citizens or national security. The prevention and combating of crimes against public authorities, as well as acts threatening national security, as a result of the disclosure of state secrets, is of major importance, in the context of the new geopolitical situation. In the content of this article, some approaches were made regarding the etymology and notion of state secret, the degrees of secrecy, the principles and methods of assigning information to state secret, in accordance with the local legislation in force. At the same time, the provisions of foreign legislation with reference to the protection of classified information were studied, some additions to the normative framework in force in the field of state secret protection being proposed.\",\"PeriodicalId\":83195,\"journal\":{\"name\":\"The National law journal\",\"volume\":\"33 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The National law journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.52388/1811-0770.2022.2(248).02\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The National law journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.52388/1811-0770.2022.2(248).02","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The notion of state secret in the context of the legal framework of the crime provided by art. 344 of the Criminal code of the Republic of Moldova
The constitutional provisions of the Republic of Moldova state that the right of the person to have access to any information of public interest cannot be limited, and the public authorities, according to their powers, are obliged to ensure the correct information of the citizens on public affairs and on issues of personal interest. Additionally, the provisions of the same article stipulate that the right to information must not prejudice measures to protect citizens or national security. The prevention and combating of crimes against public authorities, as well as acts threatening national security, as a result of the disclosure of state secrets, is of major importance, in the context of the new geopolitical situation. In the content of this article, some approaches were made regarding the etymology and notion of state secret, the degrees of secrecy, the principles and methods of assigning information to state secret, in accordance with the local legislation in force. At the same time, the provisions of foreign legislation with reference to the protection of classified information were studied, some additions to the normative framework in force in the field of state secret protection being proposed.