APPROACHES REGARDING THE LEGAL REGIME OF SPECIAL INVESTIGATIVE MEASURES IN THE LEGAL SYSTEM OF THE REPUBLIC OF MOLDOVA
DOI:
https://doi.org/10.32782/2786-9156.108.4.46-54Keywords:
special investigative activity, special investigative measures, criminal process, criminal prosecution, conditions, investigative officer.Abstract
The article addresses a subject of topicality and particular importance both for the matter of special investigative activity and the criminal process: special investigative measures. They remain vital tools for preventing and fighting crime, ensuring national security, and performing other tasks relevant to a democratic society. Due to their intrusive nature, these measures require strict regulation to prevent potential abuses by the authorities. The legislation of the Republic of Moldova has undergone essential changes in this context, changes that require adequate interpretations and explanations that would contribute to the further improvement of legal regulations. The study highlights the current development trend of the national legislation in the field of special investigative activities oriented towards the separation of the legal regimes for the application of these measures in different normative acts, depending on the specific tasks to be carried out. The continuous evolution of security threats, including cyber, hybrid and economic threats, requires a permanent update of the actors involved in ensuring security. For example, the inclusion of new specialized authorities in areas such as cyber security or the protection of critical infrastructures would be justified, given their importance for the protection of the state. A clear distinction between “national security” and “state security” helps separate the protection of national sovereignty and integrity from domestic threats affecting public order, the economy or other sensitive areas. Hybrid threats are those that affect state resilience and include hostile propaganda and disinformation campaigns. These types of threats are critical in today’s security landscape, and to combat them effectively, legislation that provides specific details on prevention and countermeasures is needed. Disinformation and information manipulation, propaganda and disinformation campaigns carried out through digital platforms, represent a significant threat to national security, affecting the social, political and economic stability of the state. Although the law mentions them in a general way, the inclusion of clearer and more detailed provisions on combating disinformation would make a valuable contribution to national security, therefore it is very important to carry out an in-depth study of the legal regime of special investigative measures in the legal system of the Republic Moldova.
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