ON THE NECESSITY TO FIX THE CATEGORIES OF NATIONAL SECURITY AND MILITARY SECURITY IN THE CRIMINAL LAW


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Abstract

In part 1 of Article 2 of the RF Criminal Code, the legislator specified the list of goods requiring protection through available criminal legal means. One of such criminally protected goods is the security, understood as the state of absence of external and internal threats to the interests of an individual, the society, and the state. Security includes such types as the state, public, and personal safety. Consequently, public security cannot be the general object of criminal legal protection since it represents only the security of society. It is necessary to specify a concept that would synthesize the safety of the state, society, and an individual and allow refusing the unreasonably broad interpretation of public security in the RF Criminal Code. The authors propose to use the category of national security as such a unifying concept. The paper analyzes the nature, definition, and content of the notion of national security. The authors note that national security, as a social good, can be ensured by the comprehensive use of all the resources and tools available to the state, including the system of means and measures of criminal legal impact. The paper analyzes the correlation between the concepts of national security and military security, since, for a long time, these phenomena were equal. The authors believe that these notions should be considered as a whole and as a part. It is necessary to consider military security as a kind of national security, one of its constituent elements. As a result, the authors propose to fix the categories of national safety and military safety in the current criminal law. In particular, national security should be fixed as a general object of criminal legal protection and general object of crimes, and military security - as its element and generic object of crimes .

About the authors

R. V. Zakomoldin

Togliatti State University

Author for correspondence.
Email: rus.zackomoldin@yandex.ru

PhD (Law), Associate Professor, assistant professor of Chair “Criminal Law and Procedure”

Russian Federation

V. K. Duyunov

Togliatti State University

Email: dvk159@mail.ru

Doctor of Sciences (Law), Professor, professor of Chair “Criminal Law and Procedure”

Russian Federation

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