of July 7, 2023 No. 179
About implementation of counterintelligence and external intelligence activities
The Parliament adopts this organic law.
(1) This law establishes the regulatory base of the counterintelligence activities and external intelligence activities (further - intelligence/counterintelligence activities) performed by Service of information and safety of the Republic of Moldova (further - Service) or on circumstances the Ministry of Defence, procedure and conditions of appointment and implementation of counterprospecting actions and external prospecting actions, and also control of their legality, the minimum guarantees of protection of persons concerning which counterprospecting actions are undertaken.
(2) Kontrrazvedyvatelnaya activities include set of the actions, actions, transactions and acceptances performed by Service for the purpose of identification, the prevention and counteraction to vulnerabilities, risk factors and threats according to the competences established by the Law on Service of information and safety of the Republic of Moldova No. 136/2023.
(3) External intelligence activities include set of the actions, actions and transactions performed for the purpose of planning, collection, check, assessment, analytical processing, accumulating, storage and use of data and information on real or potential opportunities, actions, plans or intentions of foreign states or the organizations, anticonstitutional structures or persons who represent or can represent risk factors or threats for safety of the Republic of Moldova, and also for the purpose of receipt of information necessary for ensuring national security or creating favorable conditions for providing and promotion of strategic interests and successful realization of security policy of the Republic of Moldova.
(4) Implementation of intelligence/counterintelligence activities in other purposes, except specified in this law, is not allowed.
Prospecting / контрразведывательная activities are performed based on the following principles:
a) legality;
b) general equality before the law;
c) observance of basic rights and human freedoms and regulation of restriction of their implementation only on legal causes;
d) political neutrality and impartiality;
e) combinations of public and secret methods and means of activities;
f) feasibility;
g) proportionalities;
h) active nature of the taken measures;
i) confidentiality;
j) efficiency and effectiveness.
(1) Prospecting / контрразведывательная activities are performed by Service by forces of officers of information and safety (further - officers of information) as a part of its specialized divisions.
(2) External intelligence activities in the military sphere are performed by the Ministry of Defence by forces of contract servicemen as a part of its specialized bodies and structures.
(3) Subjects or persons, excellent from provided by this Article having no right to perform intelligence/counterintelligence activities.
(1) Within implementation of intelligence/counterintelligence activities Service and officers of information have rights, powers and obligations established by the Law on Service of information and safety of the Republic of Moldova No. 136/2023 and the Law on the status of the officer of information and safety No. 170/2007.
(2) Within implementation of external intelligence activities in the military sphere the Ministry of Defence and contract servicemen have rights, powers and obligations established by the Law on the status of the military personnel No. 162/2005 and other regulations in the field of defense.
In the course of implementation of intelligence/counterintelligence activities use of information systems, the special technical means intended for the hidden receipt of information video, audio equipment and other technical means is allowed.
(1) For the purpose of collection and systematization of data, checks and estimates of results of intelligence/counterintelligence activities, and also acceptance on their basis of relevant decisions open special cases to which all collected data and materials are attached. Opening of special case is subject to obligatory registration.
(2) Special case opens:
a) based on the official report of the officer of information of the specialized division approved by the director of Service or specially authorized deputy director;
b) based on the official report of the contract serviceman as a part of specialized bodies and structures of the Ministry of Defence approved by the head of relevant organ or structure.
Special case is considered open from the date of its registration.
(3) Out of special case counterprospecting and external prospecting events cannot be held.
(4) Each special case turns on the mechanism of accounting of persons who studied data and case papers which includes at least:
a) surname, name and position of the corresponding person;
b) date and time of the beginning of acquaintance with the data and materials containing in case, date and time of completion of acquaintance;
c) marks about access to special case - in full, to certain documents or its parts;
d) signature of the corresponding person.
(5) the Service and the Ministry of Defence provide necessary measures of protection of the data and materials containing in special cases from unauthorized disclosure, change or destruction.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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