SPHERES OF ACTIVITIES OF THE INTELLIGENCE AGENCIES BY THE LAW OF THE POST-SOVIET COUNTRIES: CONCEPT AND CRITERIA OF DIFFERENCE
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
In the article, from the stand point of legal comparative studies, the legal norms determining the spheres of activity of foreign intelligence agencies are analyzed by comparing the legislation of the post-Soviet countries (Belarus, Kazakhstan, Russia and Ukraine). In the presence of several intelligence agencies in the state, the question arises about the definition and allocation of the legal requirements of the spheres of application of each separate intelligence structure of its forces and means. The legislator’s plan is to ensure that all foreign intelligence agencies clearly understand and represent their “sites in the field”, do not duplicate and interfere with each other. There are two approaches in which, in the opinion of the author, spheres are defined. The first approach is related to the main are as of activity of the state body – the external intelligence entity, which includes a reconnaissance body. The second approach is the scale of tasks that are “cut” by the legislator for each intelligence structure. For example, for the Foreign Intelligence Service of the Russian Federation, as a separate independent intelligence agency, the task of the strategic level is defined, while for the Main Director ate of Intelligence of the Ministry of Defense of the Russian Federation – only a tactical level. In order to understand the genesis of the appearance of legislation in the spheres of activity of intelligence agencies, it is advisable to refer to the conceptual foundations of national security, as defined in each state by the relevant legal acts. These are the concepts (strategies) of ensuring national security, which formulate threats in the relevant are as (foreign policy, state security, military sphere and security of the state border, economic, social and humanitarian, environmental, scientific, technological, information, etc.). Extreme threats are benchmarks for defining the spheres of activity of intelligence agencies. Thus, the sphere of activity of intelligence agencies is legally defined components of the national security of the state, which are threatened from the outside and for which foreign intelligence agencies are designated and their counterparts are assigned, and their special forces and means.
Authors and Affiliations
Володимир Володимирович Прощаєв
Keywords
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