Terminological aspects of the regulation of crimes against the external security of the State: historical-legal and comparative analysis

Abstract

The article analyzes the issues of criminal law protection of state security as one of the key areas of functioning of the rule of law. In the context of global geopolitical instability, increased international competition, cyber threats, information and intelligence pressure from other states, there is an increasing need for an effective criminal law mechanism to protect the sovereignty and stability of the constitutional system of the Russian Federation. The author’s analysis of crimes against external security in the historical, legal and comparative aspects is of particular importance, since these norms affect the basic elements of state security: protection from treason, cooperation with foreign structures and espionage. The authors show that without taking into account the historical context, traditions and foreign experience, it is impossible to build an effective model of legal regulation. In modern conditions, it is important to ensure a balance between protecting the interests of the state and compliance with the principles of legal certainty, fairness and proportionality of criminal liability. At the same time, the practical application of these norms causes a lot of discussion in the scientific and law enforcement environment, including in terms of evidence, qualification of acts, the limits of permissible criminal prosecution and protection of individual rights.