CRIMINALIZATION AS A TOOL FOR ENSURING NATIONAL SECURITY IN THE MODERN RULE OF LAW. (SHORT LOGICAL STATEMENT)

Abstract

The modern rule of law state is a state of clear legal rules and justice. In such a democratic and humane state, national security is explained, regulated and protected by law as a significant social benefit. Moreover, national security is logically understood as one of the most valuable legally protected goods. National security and its protection arise directly from the law. The rule of law itself introduces rules for measuring and achieving national security, but it is also obliged to comply with these rules. Therefore, lawmaking can be presented as one of the basic methods for guaranteeing national security. And criminalization as one of the basic manifestations of criminal lawmaking.

This publication analyzes and logically traces the impact of the criminalization of acts, and not so much the differentiation of criminal liability and the optimal criminal procedure on the quality of national security. This is relevant and important to do, because through criminal lawmaking, national security can be created, protected, enhanced and managed in a subtle, direct, nuanced, effective and long-term manner in a modern constitutional state.

Criminalization is one of the most important processes in the rule of law, because it is directly related to the creation and protection of national security. This is so, because through criminalization the most dangerous acts for the existence of national security are declared crimes. Human behavior that has gone through the process of criminalization becomes a crime, the commission of which is harmful to the existence of national security and is therefore subject to criminal prosecution. Through criminal prosecution, national security is restored and expanded. Any criminalized behavior is undesirable and harmful to the peaceful existence and development of the “man-society-state” system, and should be guided, including with scientific methods and means.