Journal articles on the topic 'State-sponsored terrorism – law and legislation'
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1
Kochoi, Samvel M. "Transformation of Russian counter-terrorism law in the context of globalization." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 43 (2022): 69–85. http://dx.doi.org/10.17223/22253513/43/6.
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The article shows the creation and development of modern antiterrorism legislation in the Russian Federation. It is noted that the period of its formation coincided with the involvement of the post-Soviet Russian Federation in the process of globalisation, an inherent feature of which is the integration and unification of the legal systems and national legislations of individual states. According to the author, convergence of national anti-terrorist legislation of those states involved in countering transnational, global international terrorist organizations, such as the Islamic State banned in the Russian Federation, seems particularly important. The process of adjustment of the Russian national legal system to needs of counteraction to terrorism (external and internal), its transformation both taking into account features of the international, and foreign legal experience of counteraction to terrorism is considered. The current strengthening of responsibility for terrorist crimes in the Criminal Code of the Russian Federation in many cases should be seen as a manifestation of global trends in combating terrorism. Not only the tightening of sanctions for terrorist activity, but also the addition of new anti-terrorist norms to the Criminal Code of the Russian Federation is proposed to be regarded as one of the results of integration processes in national law. Despite the steps taken to transform Russian counter-terrorism legislation, its approximation and integration with international and foreign law, the process of globalisation in this field is not complete. It is concluded that the transformation of the Russian Federation's anti-terrorism law (the relevant counter-terrorism legislation and the relevant criminal law norms) must be continued in order to further its involvement in the effective counter-terrorism response in general - international law in the first place. Terrorism has long ceased to be perceived as a local threat, so the internationalisation of counter-terrorism is one of the manifestations of globalisation in law. However, globalisation, which is a catalyst for the convergence of legal systems and national legislations, does not mean that the transformation of national law must necessarily lead to the dismantling of legal institutions and traditions successfully applied in the practice of law enforcement agencies and courts of states. The author declares no conflicts of interests.
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Ефремов, Андрей, and Andrey Efremov. "THE DEVELOPMENT OF THE USA LEGISLATION ON THE FIGHT AGAINST TERRORISM AFTER 11 SEPTEMBER 2001." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 86–92. http://dx.doi.org/10.12737/article_593fc343c391e2.71878517.
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The article is devoted to development of the USA legislation on the fight against terrorism. The author considered the objectives and tasks of the state in a particular historical period; analyzed the laws passed by the USA Congress aimed at combating home and international terrorism; identifies the main directions of the state policy of the USA in the field of counter-terrorism. The article covers the events after 11 September 2001 to the present. The author gives a brief overview of the events of 11 September 2001, discusses the Patriot Act and other laws, aimed at combating terrorism. The Patriot Act allows the Federal Bureau of Investigation to intercept telephone, verbally and electronic communications relating to terrorism, computer and mail fraud; introduces special measures to combat money-laundering; expands immigration rules, in particular, mandatory requirement of detention of persons suspected of terrorism appeared; reveals the procedure of multilateral cooperation to combat terrorism, strengthening measures to investigate terrorist crimes; established rewards for information on terrorism; introduces the procedure of identification of DNA of persons charged for committing terrorist crimes or any violent crime; introduced the concept of domestic terrorism and Federal crimes of terrorism, the prohibition on harboring terrorists and material support; there is a new crime — terrorist and other acts of violence against public transportation systems. The law abolished for the statute of limitations for crimes of terrorist orientation. In 2002 5 laws wer adopted: “Homeland Security Act of 2002”, “Maritime Transportation Security Act of 2002”, “Aviation and Transportation Security Act“, “Public Health Security and Bioterrorism Preparedness and Response Act of 2002”, “Terrorism Risk Insurance Act of 2002”. The Palestinian Anti-Terrorism Act was adopted in 2006. This law restricted the financial assistance to the Palestinian national authority; Haqqani Network Terrorist Designation Act of 2012 included the Haqqani Network in the list of international terrorist organizations; the political act of refusal of admission to the United States representative to the United Nations, because he was accused of the occupation of the espionage or terrorist activities against the United States and poses a threat to the national security interests of the United States.
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Kokoeva, Louisa, Angelina Kolieva, and Yaroslav Garmyshev. "Improvement of Terrorism-Related Criminal Liability." Всероссийский криминологический журнал 13, no. 1 (February 26, 2019): 125–31. http://dx.doi.org/10.17150/2500-4255.2019.13(1).125-131.
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The authors use international experience to review main trends in improving terrorism-related criminal liability in Russia, analyze key international legal acts as well as Russian laws that form the basis for counteracting terrorism. They state that the federal law «On Counteracting Terrorism» eliminated a number of legal problems and contradictions in the counter-terrorism legislation and practice of counter-terrorism work. The authors pay attention to specific modern features of terrorist acts, including the use of the Internet technologies to recruit potential criminals. They study problems in international counter-terrorism cooperation. The authors note that the legal basis for counteracting terrorism at the municipal level is far behind the regional and federal levels and suggest how legislation for terrorism-related crimes and their subject composition could be improved. They show that it is necessary to hold close relatives of terrorists responsible for crimes against public safety if their knowledge about the crime or aid to criminals has been proven. It is noted that it is necessary to strengthen the system of preventive measures aimed at determining the causes and conditions contributing to terrorism. The role of special services in preventing terrorist attacks should decline while the impact of educational institutions, public organizations, the church and mass media should increase. Besides, the authors note that victimological influence is very promising for improving the effectiveness of terrorism counteraction and suggest making a number of amendments in the current Russian criminal legislation.
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Prakasa, Satria Unggul Wicaksana. "Involvement of the Indonesian National Military (TNI) in Legislation about Anti-Terrorism:." Journal of Southeast Asian Human Rights 5, no. 1 (June 14, 2021): 63. http://dx.doi.org/10.19184/jseahr.v5i1.18469.
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Changes in the international humanitarian legal system in a global context have shifted, as the first war identified with an inter-state ceasefire. Today, the war party is not only a state but also the aftermath of the 9/11 tragedy marked by non-state war actors, a terrorist attack. In Indonesia, the issue of terrorism becomes a serious concern after the first Bali Bombing, the second Bali Bombing, and other terrorist tragedies. Lately, the discourse of TNI involvement in the eradication of terrorism in Indonesia through the formation of the Anti-Terrorism Act. According to the issue, the research problems are (1) TNI's authority elements to combat terrorism in the Indonesian legal system; (2) the International humanitarian law system regulates the involvement of the military on combating terrorism. The results of the study are (1) after the fall of New Order regime in 1998, the dual function of ABRI (Indonesian Armed Forces during Suharto's era) had dissolved, and this implied the limited authority of TNI to maintain the unitary state of the Republic of Indonesia (NKRI) sovereignty at the border. The authority of the TNI on combating terrorism, following Act No.34, 2004 section 7 articles (3) about TNI, mentions that the fight against terrorism deals with criminal methods. Except for war aggression, related to terrorism that threatens the State sovereignty and not against terrorism that occurs in the community on the Anti-Terrorism Act. If TNI wants to be involved in combating terrorism, it must be following the 1945 constitution, of which terrorism is part of non-international armed conflict, in which the power of command is in the hands of the President.
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Adarkwah, Samuel Boadi. "Counter-Terrorism Framework and Individual Liberties in Ghana." African Journal of International and Comparative Law 28, no. 1 (February 2020): 50–65. http://dx.doi.org/10.3366/ajicl.2020.0301.
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Does the flow of legislation arising from the United Nations Security Council's Resolution 1373 framework create rule-of-law and other issues of liberty for individuals in emerging democracies? This article examines the surveillance and other counter-terrorism laws created by Ghana, a Member State of the United Nations, in response to its international law obligation to combat terrorism. The article finds that significant tension exists between the government's attempt to implement legislation for the detection and suppression of terrorist acts and the rule of law and the enjoyment of individual freedoms and liberties in Ghana.
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Mits, Denis. "The Anti-Terrorist Function of the State and the Problem of “Preventive” Coordination." Legal Concept, no. 3 (October 2019): 50–55. http://dx.doi.org/10.15688/lc.jvolsu.2019.3.7.
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Introduction: the new legal institutions and technologies in the field of counter-terrorism are a matter of great importance for the theory of state and law; in this connection the author of the paper set the aim to study the formation, evolution and unification of this legal trend. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of systematicity and analysis. Results: the author’s point of view grounded in the work is based on the antiterrorist legislation and the opinion of the competent scientific community on the issue of improving the antiterrorist function of the state at a discrete level (with a set of values for different sets of legal arguments) and the regulatory level (with a set of qualitative values of parameters of all the criteria). Based on the legal analysis of the anti-terrorist function of the state, the most popular are the coordination of the fight against terrorism and coordination to minimize the harmful consequences of terrorist manifestations. The topical blocks of issues are raised: I. features of the function system: 1) coordination preventive antiterrorist technology, 2) coordination and human will, 3) international law and selfdefense; II. transformation of terrorism manifestations and conceptual approach to counter- terrorism: 1) international self-defense, 2) modernization of statehood, 3) complex character of prevention; III. appropriateness of anti-terrorist reaction: 1) optimal prevention, 2) legal phenomena, 3) law and legislation. Conclusions: the study revealed the role of the coordination preventive anti-terrorist technology. It is established that due to the complexity of the legal registration of preventive tools and many unresolved related matters it is not possible to highlight the effective coordination of terrorism prevention in modern conditions.
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N.V., Morozov, Gubina A.M., and Kotelyanets O.S. "The Legal Status of Auditors and Audit Organizations in the AML / CFT system." KnE Social Sciences 3, no. 2 (February 15, 2018): 512. http://dx.doi.org/10.18502/kss.v3i2.1584.
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Money laundering has become an increasing concern to law makers in recent years, principally because of its association with terrorism. Recent legislative changes mean that auditors may become state law enforcement agencies in the private sector. We examine this legislation in terms of the changing nature of the relationship between auditors and the state and the aggregate of supervision within which it is located. According to the Resolution of the Government of the Russian Federation of February 16, 2005 No. 82 [2], all lawyers, notaries and auditors are obliged to inform the state of any suspicious transactions of their clients. Keywords: money laundering, terrorist financing, auditors, audit organizations.
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L.P., Samofalov, and Samofalov O.L. ". Problems of legal regulation of combatinig terrorism and prevention of terrorist acts." Scientific Herald of Sivershchyna. Series: Law 2020, no. 2 (December 18, 2020): 84–92. http://dx.doi.org/10.32755/sjlaw.2020.02.084.
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The article addresses to the study of problematic issues of legal regulation of combating terrorism and the prevention of terrorist acts. The current state of crime prevention by terrorist groups is comprehensively analyzed. It is established that the range of subjects of anti-terrorist activity is not provided by the current legislation and the corresponding shortcomings that arise during the combating terrorism. It is established that the legal basis for the fight against terrorism is the Constitution of Ukraine, the Criminal Code of Ukraine, the Law of Ukraine "On Combating Terrorism", other laws of Ukraine, the European Convention on the Suppression of Terrorism of 1977 year, the International Convention for the Suppression of Terrorist Bombings of 1997 year, the International Convention on the Fight against Terrorist Financing in 1999 year, other international treaties of Ukraine approved by the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, as well as other regulations adopted to implement the laws of Ukraine. Among the normative legal acts regulating relations in the field of counter-terrorism, one of the prominent places has the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financial Proliferation of Weapons of Mass Destruction" dated 14 October, 2014. It is proved that among the factors that negatively affect the effectiveness of the investigation of terrorist crimes, the leading place is taken by insufficiently balanced and unfounded state criminal law policy, which over the past few years has gradually lost its state character, becoming hostage to permanent political confrontation. There are many cases of unsystematic and scientifically unsubstantiated changes in certain provisions of the Criminal Code of Ukraine. Key words: terrorism, terrorist act, terrorist operation, crimes, subjects, criminal liability.
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Kochoi, Samvel, and Ameen Hasan. "Countering Terrorism in Iraq: Law and Practice." Всероссийский криминологический журнал 13, no. 1 (February 26, 2019): 94–102. http://dx.doi.org/10.17150/2500-4255.2019.13(1).94-102.
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After several years of fighting the international terrorist organization «Islamic State», the anti-terrorist coalitions headed by the Russian Federation and the USA managed to tip the scale in their favor in 2017. There is extensive research on how different countries counteract this most well-known of all modern international terrorist organizations. However, as Western criminologists note (Alex Braithwaite, Shane D. Johnson), there are very few empirical works that study the causes of decline and growth of terrorist activities as well as the emergence and disappearance of hot spots in Iraq itself during the American military campaign. On the whole, the overview of publications has revealed (Gary LaFree, Joshua D. Freilich) that out of over than 20 thousand articles on terrorism published between 1971 and 2004, only seven were devoted to empirical (criminological) research, while others dealt with the psychology of terrorism. The situation started to change in recent years and a large number of empirical (criminological and criminal law) studies of terrorism has been published, which is connected with the growing financial support of such research by national research foundations and state departments (for example, the Department of Homeland Security and the Department of Defense in the USA). Thus, about 100 books devoted to such studies have been annually published in the USA in the last decade. As for Russian criminal law policy, this article is one of the few devoted to countering terrorism in the motherland of «Islamic State» – in Iraq. The authors analyze Iraqi anti-terrorism legislation, in particular, Law № 13 of 2005, draw attention to an excessively wide definition of terrorism that it contains, conclude that its clause of analogy is incompatible with the principle of legality and argue that this normative act is one of the most drastic anti-terrorism laws in the world. The authors believe that an important direction in fighting terrorism is the decision of Iraqi authorities to establish a special tribunal for terrorist crimes, such as genocide against the Yazidis, and criminal prosecution of perpetrators who are outside Iraq, including those in Russian territory. They prove that the terrorist crimes against «infidels», qualified by many specialists and international organizations as crimes against peace and humanity, should mainly be the subject of proceedings in an independent court body of the international community.
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Pokrzywiński, Paweł. "Izraelskie ustawodawstwo antyterrorystyczne wobec zagrożeń XXI wieku." Przegląd Bezpieczeństwa Wewnętrznego 13, no. 24 (2021): 91–109. http://dx.doi.org/10.4467/20801335pbw.21.004.13561.
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Artykuł ma na celu przedstawienie założeń Prawa zwalczania terroryzmu uchwalonego w 2016 r. w Izraelu w zakresie definiowania i, zwalczania terroryzmu oraz sankcjonowania przestępstw z nim związanych. Autor ukazuje izraelską percepcję tych zagrożeń uwidaczniającą się w nowym ustawodawstwie. Zostanie ona zestawiona z przepisami obowiązującymi wcześniej, aby pokazać, jak zmieniało się postrzeganie tych zagadnień przez rządzących i jakie zmiany wprowadziło nowe prawo. W tym celu autor zastosuje metodę instytucjonalno-prawną i metodę porównawczą różnicy, a także skorzysta z teorii sekurytyzacji. Przeprowadzona analiza pozwoli mu na stwierdzenie, że z perspektywy rządzących terroryzm jest nadal uważany za główne zagrożenie Państwa Izrael. Prawo z 2016 r. wprowadziło możliwość zastosowania wielu środków nadzwyczajnych w ramach przeciwdziałania temu zjawisku. To pokazuje, że partie, które je uchwaliły, mają jastrzębie spojrzenie na kwestie związane z walką z terroryzmem. Israeli counter-terrorist legislation against the threats of the 21st century The aim of the article is to present objectives of the Israeli Counter-Terrorism Law passed in 2016. The author examines the way of defining and combating terrorism, and the penalty measures related to criminal activity linked with it. Thus, the author shows the Israeli authorities’ perception of threat connected with terrorism. The previous counter-terrorist law is compared with the new one to demonstrate the modification of the vision of security. The article seeks to answer the question what changes and views have been implemented by the new law. To achieve those aims the author used the comparison method and an analysis of the law and the securitization theory. It allowed to state that terrorism is still regarded by Israeli politicians as the main threat for the State of Israel and its citizens. The amended law allowed for the use of many emergency measures. Overall, it exhibits a hawkish stance towards combating terrorism of parties which amended the law.
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Metelkov, Alexander N. "NUCLEAR TERRORISM: A THEORETICAL MODEL OF THE LEGAL CONCEPT." Vestnik of Kostroma State University 29, no. 3 (December 21, 2023): 245–50. http://dx.doi.org/10.34216/1998-0817-2023-29-3-245-250.
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The aim of the work is to establish the content and definition of the theoretical and legal concept of “nuclear terrorismˮ based on the consideration of the legal model of its acts and the analysis of the provisions of international and Russian law with a variety of approaches to the issues of legal understanding of this term. Topicality of understanding the problem of nuclear terrorism as an argument for a significant risk to state and public security in 2022 has increased dramatically due to the aggravation of relations between Western countries and Russia. In the process of analysing the sources of law and scientific literature, the author singled out two approaches to the definition of nuclear terrorism. One approach is focused on natural science knowledge (natural science), the other is based on the norms of law (legal). Such approaches determine the theoretical directions of the formation of the legal policy of the state in the field of countering nuclear terrorism. Taking into account the dynamics of law, a theoretically substantiated method is proposed for forming the conceptual basis for the legal understanding of nuclear terrorism as a phenomenon that is complex in the forms of its manifestation. As a result of a comparative study of legislation and doctrinal positions, an integrated methodological approach to understanding nuclear terrorism is proposed based on the legal model of acts of nuclear terrorism, based on well-established norms of international and Russian legislation.
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Zedner, Lucia. "The Hostile Border." New Criminal Law Review 22, no. 3 (2019): 318–45. http://dx.doi.org/10.1525/nclr.2019.22.3.318.
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The concept of crimmigration recognizes the growing convergence of criminal law and immigration law as states seek to police migration, punish immigration offenses, and defend the boundaries of the sovereign state. Nowhere have these aims been pursued more vigorously than with respect to counter-terrorism, as states avail themselves of all legal means to target international terrorist networks and the rise of “foreign terrorist fighters.” In the U.K., legislative hyper-activity has produced a succession of counter-terrorist statutes that mix criminal law and immigration law. Some of the most draconian of these laws target the border and those who cross it. Closer attention to the territorial border reveals a liminal zone in which police and immigration officials enjoy exceptional powers and adherence to due process is attenuated. Apparent public acceptance of the imperatives of security at the border provides some license for such intrusions but little reassurance as to their legitimacy. This article examines the security concerns that motivate the expansion of police power, and it considers the impact of recent U.K. legislation, not least the Counter-Terrorism and Border Security Act 2019, on core principles of legality and on rights.
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Melnyk, D. S., and B. D. Leonov. "CURRENT ISSUES OF IMPROVING THE PROCEDURE FOR THE RECOGNITION OF TERRORIST ORGANIZATIONS AND THE FORMATION OF THEIR REGISTRY." Herald of criminal justice, no. 1-2 (2023): 151–63. http://dx.doi.org/10.17721/2413-5372.2023.1-2/151-163.
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The article is devoted to topical issues of improving the procedure for recognizing organizations as terrorist and forming their register. It is noted that the expansion of the influence of terrorist organizations, the increase of their terrorist activity, the spread of the influence of terrorist ideology, requires the improvement of the legislative procedure for recognizing them as terrorists, the formation of a single list of such organizations The purpose of the article is to improve the legal procedure for recognizing an organization as a terrorist, to clarify the problems of forming their register in the context of countermeasures against organized terrorist activity. The article reveals the threats and risks associated with the activities of terrorist organizations, substantiates the importance of the procedures for recognizing them as terrorist and keeping a list of such organizations for improving the practice of combating terrorism. It is noted that the maintenance and publication of lists (lists) of organizations recognized as terrorist in accordance with the procedure established by law is not only a powerful means of countering terrorist activities, but alsoan important tool for communication between the state and society, as it allows to publicly certify the connection of one or another organization with illegal activity. The inadequacy of the regulatory and legal regulation of the specified procedures in Ukraine has been clarified, which complicates the implementation of effective measures to respond to the illegal activities of terrorist organizations. The provisions of the recently adopted Law of Ukraine «On Amendments to the Criminal and Criminal Procedural Codes of Ukraine in connection with the ratification of the Additional Protocol to the Convention of the Council of Europe on the Prevention of Terrorism, as well as to some legislative acts of Ukraine on improving the fight against terrorism» are analyzed, its shortcomings are highlighted, in connection with which the need for its further improvement was determined. The conclusions suggest a set of measures to improve anti-terrorist activities. The need to increase the effectiveness of combating organized terrorist activity in Ukraine is substantiated, primarily by improving the legislation in the field of combating terrorism and the practice of its application, which, according to the authors, will allow Ukraine to fulfill its international legal obligations in this area.
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Galitskaya, Natal'ya Vladimirovna. "Legal regulation of anti-terrorist security: the experience of modern China." Административное и муниципальное право, no. 3 (March 2022): 34–46. http://dx.doi.org/10.7256/2454-0595.2022.3.38509.
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Effective provision of anti-terrorist security of modern Russian society is impossible without knowledge of the legal regulation ensuring such security in other states, especially neighboring "friendly" ones - this hinders the effectiveness of interaction within the framework of international cooperation. It should be noted that this issue is particularly relevant today due to the active military confrontation of the Russian Federation with "unfriendly" states on the territory of Ukraine. In our opinion, the legislative and practical activities of the Chinese authorities can be useful for extrapolating to Russian security problems, especially due to the fact that China is classified as a country with a low level of terrorism, while the Russian Federation is among the countries with an average level of terrorist activity. The article makes a legal analysis of the state regulation of anti-terrorist security of the People's Republic of China. The object of the study is social relations arising in the process of state regulation of counter-terrorism in China. The subject of the study is the legal acts of the People's Republic of China of anti-terrorist orientation. The purpose of the study is identification of useful and effective practices of countering the ideology of terrorism in China for the possibility of subsequent implementation into the legal framework of Russian legislation. The method of comparative law, the method of analysis and synthesis are employed by the author. The author studied China's legislation on countering terrorism and came to conclusion about the need to adopt its positive experience in Russia. It is necessary to consider the possibility of creating your own social networks, analogues of foreign ones, it is also worth adopting the experience of creating educational centers for people affected by extremism and terrorism. In order to ensure the rights of citizens in cyberspace and the fight against terrorism, it is possible to use China's experience with user verification when logging on to the Internet.
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Rikmadani, Rd Yudi Anton, and Puguh Aji Hari Setiawan. "The Implementation of the Juvenile Justice System in Terrorism: Indonesia Case." Jurnal Kajian Pembaruan Hukum 2, no. 1 (January 31, 2022): 33. http://dx.doi.org/10.19184/jkph.v2i1.27642.
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ABSTRACT: This research aims to review the right to child protection as well as the implementation of the Juvenile Criminal Justice System (SPPA) based on court rulings. Behind the research is concern about the increasing number of children involved in terrorist networks in Indonesia. Some of them have been sentenced to prison for terrorism plots. The implementation of the SPPA Act and the PA Act has become a reference for law enforcement in addition to counter-terrorism legislation. The crime of terrorism is a crime that must be addressed immediately because it threatens the state, but the state remains obliged to ensure the fulfillment of the right to child protection during the judicial process with special protection. With the involvement of a child that is in relevance to the child protection act, it is a complex matter that needs to be resolved with a special analysis of law, due to its nature. This study examines court rulings with normative juridical methods to get significantly achieved results. In addition, this study also adds secondary resources such as article journals, books, reports, and any source that has relevance to the study. The results of the study found that the special protection of children in the Crime of Terrorism has not been met, by not considering the child as a victim, because of the actions he did the influence of persuasion as revealed in court. In addition, law enforcement does not seek diversion as mandated in the SPPA. To conclude the court's decision does not consider the regulations on PA and has not fully implemented the SPPA.
KEYWORDS: Legislation on Terrorism, Children's Rights, Law Enforcement, Juvenile Justice.
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Bastrykin, Alexandr I. "Countering terrorism and extremism by the Investigative Committee of the Russian Federation." Vestnik of Saint Petersburg University. Law 12, no. 4 (2021): 836–46. http://dx.doi.org/10.21638/spbu14.2021.402.
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The article provides a comprehensive analysis of one of the most complex problems of our time — terrorism. Terrorism in modern Russia and in the world poses a real threat to the security of society and the state. The work presents the activity of the National Antiterrorism Committee in coordinating and organizing interagency interaction aimed at combating terrorism, with the involvement of civil society institutions. Particular attention is given to the legal framework for countering terrorism, which includes constant monitoring and analysis of terrorist activity, Russian legislation in this field, and the preparation and adoption of relevant legal acts aimed at increasing the effectiveness of countering terrorism. The article analyzes the work of the Investigative Committee of the Russian Federation on the use of criminal law measures to combat terrorist crimes using specific examples and statistics. The issues of blocking the financing channels of terrorist organizations in the course of joint activities by the Investigative Committee of Russia, the Ministry of Internal Affairs of Russia, the FSB of Russia and Rosfinmonitoring are also addressed. It is emphasized that effective cooperation between all interested departments makes it possible to achieve positive results in countering terrorism and extremism. The author proposes to minimize the consequences of terrorist crimes on the Internet related to the recruitment of new members of terrorist organizations, including among the youth. The conclusion is made that it is necessary to increase the role of the informational component for crime prevention. The mass media should be used more actively for timely and reliable posting of information related to actions by law enforcement to counter terrorist activities and educate citizens. This would make it possible to form a negative attitude towards radicalism in all its manifestations and reject any attempt to justify terror.
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Kowalska, Samanta. "Terrorist Modus Operandi and Protection of Human Rights." Societas et Iurisprudentia 9, no. 4 (2021): 32–51. http://dx.doi.org/10.31262/1339-5467/2021/9/4/32-51.
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Nowadays, terrorist attacks increasingly often take on an amorphous form, which may cause the society to assume a state of inaction or to inspire a false sense of security. Escalation of terrorist attacks leads to the introduction of new counteractive measures and revision of the existing systems of security. The current reflections emphasise how the essence of human rights ought to serve as a point of reference for organs of the law enforcement and legislation alike, with the aim of preventing arbitrary surveillance of citizens. The paper demonstrates why it is important for counter-terrorism strategy to be continually revisiting this axiom, which leads to increased practicality of regulations concerning identification and effective combating of terrorism. The axiology of human rights navigates towards universal, timeless values which have the capability of uniting people for the benefit of effective preventive measures based on active involvement, reasonable and future-oriented legislation.
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Tulich, Tamara. "Prevention and Pre-emption in Australia’s Domestic Anti-terrorism Legislation." International Journal for Crime, Justice and Social Democracy 1, no. 1 (November 5, 2012): 52–64. http://dx.doi.org/10.5204/ijcjsd.v1i1.68.
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The move towards prevention in domestic anti-terror law and policy was initially justified as an exceptional response to the exceptional threat of transnational terrorism following September 11, 2001. However, commonalities are discernable between prevention in anti-terror law and prevention as employed in other areas of Australian law. To begin contextualising and analysing preventive practices in Australia, a framework is required. ‘The preventive state’ provides one way to view the collection of preventive measures employed in Australia. Engaging a governmentality perspective has the potential to make visible prevention and pre-emption in law and governance, and to inform critical treatment of the preventive state itself. Whether and how prevention and pre-emption in anti-terror law differ from and exhibit continuities with other preventive measures has the potential to expose issues of selectivity and proportionality between preventive measures and force consideration of the limits of state action to prevent or pre-empt harm.
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Kochoi, Samvel, and Ron Kochoi. "International Terrorism: Attributes and Forms." Russian Journal of Criminology 17, no. 1 (March 13, 2023): 81–89. http://dx.doi.org/10.17150/2500-1442.2023.17(1).81-89.
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The authors analyze the features of international terrorism. It is proven that international («external») terrorism should be recognized as an independent legal phenomenon, separate from the domestic («internal») terrorism. The authors agree with those researchers who consider international terrorism to be one of the varieties of terrorism, but believe that the suggested attributes of international terrorism should be modified. While the territorial attribute and the attribute of citizenship of the culprit generally do not raise any objections, the authors argue in support of their position regarding the specific features of the victims of international terrorism, they state that such features could be anything as long as they define a group of people that is different from the group to which the members of an international terrorist organization belong: religious, racial, ethnic, national, linguistic, political features, etc. Another attribute supported in the article is the recognition of the terrorist organization as an international one by the national judicial (law enforcement) bodies. This allows the authors to suggest that the current legislation of the Russian Federation should include a procedure for recognizing a terrorist organization as an international one. This suggestion takes into consideration the fact that the FSB, which keeps a Unified Federal List of Terrorist Organizations, differentiates between Russian, foreign and international terrorist organizations in its practical work. The authors conclude that international terrorism is characterizes by such attributes as unlawfulness, territoriality, certain citizenship of the culprit and (or) the victim of terrorism, identification of the victim with certain groups of people, recognition of the subject of terrorism (terrorist organization) as an international one. It is suggested that the Federal Law «On Counteracting Terrorism» should be supplemented by the norm that describes the concept of an «international terrorist organization». It is proven that the recognition of a terrorist organization as an international one (or a foreign one) should be exclusively within the jurisdiction of the Supreme Court of the Russian Federation. As for the analysis of the forms of international terrorism, it is argued that the most dangerous ones are «Islamist» (religious) and «right» (racist, Nazi) terrorism.
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Helzhynskyi, A. Yu. "Legal Regulation of Interaction of Security Service of Ukraine with Civil Society in Counteracting Terrorism." Law and Safety 74, no. 3 (September 20, 2019): 10–17. http://dx.doi.org/10.32631/pb.2019.3.01.
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The relevance of the research is determined by the prerequisites for the rise in the levels of terrorist threats in Ukraine and the development of international terrorism. In response to these threats, the state creates protective mechanisms, increasing the level of protection of the population, since this is one of its main tasks. However, this system does not fully meet its objectives without cooperation with civil society. That is why, one of the current tasks is to unite the efforts of the state and civil society institutions in fighting against terrorism.
Every citizen and civil society in the whole is a stakeholder and partner in the fight against terrorism. Citizens should be active participants. Therefore, the article provides a legal analysis of the interaction of the main agency in the state system of combating terrorist activity – the Security Service of Ukraine with civil society and clarifies the ways of implementing the state policy on counteracting terrorism.
The comparative legal method of the study analyzes the source base of national law concerning the interaction of the Security Service of Ukraine with civil society in fighting against terrorism.
The practical relevance of the study is determined by the ability to use the main points and conclusions of the study to further studies of the problems of the interaction of counter-terrorism actors with civil society.
As a result of the analysis of the normative base on the interaction of the Security Service of Ukraine with civil society in fighting against terrorism, it can be stated about the state's efforts to implement the main points of the UN Global Counter-Terrorism Strategy. In general, Ukraine's anti-terrorist system meets international standards in the field of counteracting terrorism. However, national legislation is the subject to improvement in the field of counteracting terrorism with the involvement of civil society institutions in eliminating the conditions and causes of terrorist activity.
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Widarsono, Widarsono, Prija Djatmika, Herman Suryokumoro, and Dhiana Puspitawati. "Ratio Legis of Giving Task of Indonesian Military in Handling Terrorism Act as a Part of Military Operation Other Than War." International Journal of Multicultural and Multireligious Understanding 7, no. 8 (September 17, 2020): 594. http://dx.doi.org/10.18415/ijmmu.v7i8.1903.
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Ratio legis is the reason or purpose for making a law, ratio legis is a thought that becomes philosophical basis or content behind the inception of the law. Related to ratio legis, the legislation in every country has different characteristics in arranging it, specifically in the legislation related to the defense certainly has its defense strategy which is adjusted to geographical condition, threat and ideology. State defense is aimed to defend the wholeness of a state, state sovereignty and nation’s safety from threat and disturbance to the wholeness of nation and state. Then state defense of Indonesia can be understood as a total defense system that involve all citizens, regions and other national resources. System of defense is prepared early by the government and held totally, integrated, directed, and continued to enforce state sovereignty, wholeness of region and nation’s safety from the threat of system of stte defense which then it needs to be formulated into instrument of law or legislation. This study uses normative legal research, analyzing relation of article 30 UUD 1945, article 7 UU No. 34 year 2004 on Indonesian Military (TNI) and article 43 UU No. 5 Year 2018 on Eradication of Terrorism Criminal Act and other regulation related to legal issues of regulating terrorism eradication from the perspective of state defense and safety, specifically giving task of Indonesian Military in solving terrorism act as a part of Military Operation other than war. The aim that wants to be achieved is finding consistency and conformity among related laws namely giving task of Indonesian Military in handling terrorism act and its relation to Military Operation other than war. From the study, it obtains an argument to answer actual issue of terrorism eradication from the relevant and urgent defense and safety perspectives for Indonesia that becomes the focus of this study
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Bachmann, Sascha-Dominik, and Matthew Burt. "Control Orders Post 9-11 and Human Rights in the United Kingdom, Australia and Canada: A Kafkaesque Dilemma?" Deakin Law Review 15, no. 2 (December 1, 2010): 131. http://dx.doi.org/10.21153/dlr2010vol15no2art122.
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This article aims to assess the impact that the European Convention of Human Rights, incorporated into British law through the Human Rights Act 1998, has had on the control order regime in the United Kingdom. It will discuss recent British jurisprudence on the topical question of whether there can be a true balance between the civil liberties of an individual and the need to protect state and society from a continuing terrorist threat. The article compares the UK’s present control order system of summer 2010 with similar legislation, which the Commonwealth jurisdictions of Australia and Canada have enacted to protect their nations from the threat of terrorism. It will conclude with a discussion of possible reforms as well as other security measures which have been identified as alternatives to control orders and which form the basis of present UK governmental initiatives to limit the scope and impact of anti terrorism legislation.
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Fihura, V. O. "IMPLEMENTATION OF THE API/PNR SYSTEM IN THE SPHERE OF COUNTERING TERRORIST ACTIVITY." Constitutional State, no. 49 (April 18, 2023): 73–79. http://dx.doi.org/10.18524/2411-2054.2023.49.276030.
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This article is devoted to the future deployment and functioning of the advance passenger information (API) and passenger registration records (PNR) system in Ukraine. In addition, the draft law of Ukraine «On amendments to certain legislative acts of Ukraine regarding the improvement of combating terrorism» has been analyzed and arguments as to why this particular draft law needs to be revised have been grounded. It has been suggested that in today’s conditions, the system of measures of anti-terrorist activity, in connection with Ukraine’s choice towards the European community and direct European integration, should correspond to the level of terrorist threat that exists in the state, which is primarily related to the development of war declared by the russian federation. The urgency of improving the anti-terrorist legislation, and the expediency of determining the entities and units that will work directly with this system have been grounded in the article. In addition, the concept of «interviewing» has been described. Also, it has been emphasized that in order to use it more effectively, there is a need to use the technique of «profiling» by border guards while performing their official duties for the protection of the state border of Ukraine. It has been noted that the above-mentioned event is widely used abroad and has already proven to be highly effective. Therefore, one of the main tasks of combating terrorist activities on the state border of Ukraine is comprehensive capabilities strengthening of the national system of combating terrorism. The need to comprehensively strengthen the capabilities of the system of combating terrorism requires legislative, organizational, and other changes. In particular, the list of counterterrorist activities needs to be revised, as well as the need to implement the possibility of using warning mechanisms to identify terrorist threats. One of these mechanisms is the implementation and functioning of the API/PNR system in Ukraine, which will allow early identification of persons (airline passengers) who may be members of terrorist organizations or be involved in other types of illegal activities at the state border of Ukraine. In the conditions of war, the introduction of this system is not possible, however, attention should be paid to the issue of preparation for such introduction, including the development and adoption of relevant normative legal acts, even more so in accordance with the obligations that our state has assumed.
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Bastrykin, Alexandr I. "Investigation of money laundering and financing of terrorism by the Investigative Committee of Russia." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 493–501. http://dx.doi.org/10.21638/spbu14.2021.301.
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The aim of the work is to show the public danger of money laundering and financing of terrorism, and to identify ways to improve the existing legislation to curb these crimes. The research comprehensively examines the practice of identifying and investigating money laundering and financing of terrorism by the Investigative Committee of Russia. Today, these crimes pose a serious threat to Russian society and have a destructive effect on the country’s economy. The article analyzes the results of the Investigative Committee of Russia’s work on the investigation of these crimes, examines the experience of interaction with specialized state organizations in this field, and also discusses various methods of money laundering and financing of terrorism with specific examples. Particular attention is paid to the prevention and suppression of terrorism and extremism, including prevention of radical ideology. The results of the joint work of the Investigative Committee of Russia with other law enforcement structures of the Russian Federation in this field are also presented and supported by statistical data. Particular focus is placed on the financing of terrorism by attracting funds through the Internet, which today has become one of the main channels for the movement of financial flows. In addition, the article analyzes the legal framework on the basis of which the state authorities of the Russian Federation carry out comprehensive work to identify and suppress the financing of terrorism. The work also discloses the role of digital currency, the turnover of which bears certain risks and can be used for anonymous financial support of terrorist organizations. The main conclusion is that effective opposition to the legalization of proceeds from crime and the financing of terrorism can be carried out simultaneously with the suppression of extremist ideology at two levels — national and international.
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Arenova, L. K., and E. A. Nabieva. "Actual issues of countering the financing of terrorism and extremism: a psychological and forensic aspect." Bulletin of the Karaganda University “Law Series” 98, no. 2 (June 30, 2020): 74–81. http://dx.doi.org/10.31489/2020l2/74-81.
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The relevance of the study: The relevance of the studied problem is due to the need to consider combating the financing of terrorism, from the psychological and forensic aspects, both in Kazakhstan and at the international level as a whole. The financing of terrorism is a phenomenon that acts as the main platform for the spread of various forms of extremism and terrorism, creates a potential and real danger to economic security, political stability and the integrity of states, including Kazakhstan, its sovereignty and territorial integrity, as an independent state. The purpose of the article: is a psychological and forensic review of the aspects of financing terrorism, and a legal analysis of measures to ensure effective and timely counteraction to the financing of terrorism in Kazakhstan, identifying problematic issues of a psychological, criminalistic and legislative nature. Research Methods: The leading approach to the study of combating the financing of terrorism is the systematic-activity approach and the method of legal analysis of existing national legislation in this area. Results of the study: Psychological and criminalistic aspects and legislative regulation of countering the financing of terrorism and extremism, sanctions as a criminal act, identifying new risks for the financing of terrorism, and their impact on the formation of poliative issues in Kazakhstan, and their effective resolution are presented. Practical relevance: Based on the current national legislation of Kazakhstan, the main elements of the financing of terrorism and extremism were identified, discussion and urgent issues requiring additional legislative settlement were identified, related to both psychological and criminalistic aspects and the imposition of punishment under this criminal law norm, in the aspect of prevention crimes, identified threats and vulnerabilities associated with the financing of terrorism and extremism in Kazakhstan at the present Mr. stage.
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Pylyp, Viktoria. "Ukrainian civil society institutions in countering terrorism: International legal standards." Social Legal Studios 6, no. 3 (August 19, 2023): 127–34. http://dx.doi.org/10.32518/sals3.2023.127.
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Formalised structures of civil society are increasingly involved in the implementation of the law enforcement function, but the participation of such organisations in countering terrorism remains poorly studied in the theory of Ukrainian legal science. The research aims to determine the capabilities of civil society institutions in preventing and combating terrorism, following the proven international legal standards, and to outline the prospects for their use in shaping Ukraine’s anti-terrorism policy. Analysis, induction, deduction, and synthesis, as well as systemic structural and generalisation methods were used in the study. Countering terrorism has long remained one of the main tasks of the State, which must guarantee peace and security of citizens. Based on the textual analysis of some international legal acts which constitute the legal basis for countering terrorism, it is determined that they do not explicitly provide for the possibility of involving formalised structures of civil society in these processes. This also applies to the national specialised legislation in the field of counterterrorism. The author proposes to consolidate the opportunities for civil society institutions at the regulatory level to implement a set of relevant educational and information activities aimed at raising the level of legal culture of citizens, establishing interreligious dialogue, and fostering multiculturalism; to carry out information activities to raise public awareness of the existence, causes, public danger and consequences of terrorist crimes and the threats they pose. The author substantiates the need to organise educational activities aimed at enhancing the competence of relevant professionals; to introduce the proven experience of using scientific and technical methods and techniques for conducting criminal law research; to conduct joint educational and scientific activities; to exchange relevant statistical and information data on national legislation, etc. The author outlines the prospects for introducing the proven international experience of countering terrorism into the law enforcement practice of Ukraine. The practical significance of the work lies in the fact that it proposes specific steps that civil society can take to prevent and combat terrorism.
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ADEKOLA Nurudeen Olanrewaju, ZAMANI Andrew, Shittu Hakeem Babatunde, CHONGS Wan Mantu, and ADAMA Ahmed Mohammed. "Influence of weak legislation and non-state armed actors on arms proliferation: Evidence from terrorism in Nigeria." World Journal of Advanced Research and Reviews 16, no. 1 (October 30, 2022): 613–21. http://dx.doi.org/10.30574/wjarr.2022.16.1.1059.
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With an aggressive illicit transnational trade along a vastly porous borderline in the North East region of Nigeria, a country not at war but highly militarized with overstretched security agencies, an outdated over six decades Firearms law and a vulnerable civilian populace seeking firearms in self-protection or otherwise; are all the tones needed for proliferations of small arms and Light weapons. It was against this background that this study leverages on State fragility theory to investigate the influence of weak legislation and prevalence of armed non state actors on arms proliferation and terrorism in Nigeria. The study engaged weak legislation and civilian acquisitions of arms to measure influence of proliferation of small arms and light weapon on terrorism in Nigeria. This study employs exploratory research design; by using content analysis of publicly available archive documents. The study relies solely on secondary data. The research is conducted by examining literature concerning arms proliferation and terrorism in Nigeria. The literature was obtained through searches in publicly available material. Literature from non-serial publications, official reports, and conferences has been included particularly if they have been cited by other references in connection with terrorism and arms proliferation. The study submitted that small and light weapons proliferations are extensively aggravated by weak legislation and the prevalence of armed non state actors in Nigeria. Based on these findings, the study concludes that government commitment to combat arms proliferation can only be taken serious when the existing 1959 firearms legislation is revamped and internationalized while it will take only good governance to stem the prevalence of armed non state actors. The study recommends that Federal and State Government should evolve a modern firearm law to give the outdated firearm legislation the needed bites. Lastly, the study recommends that the newly established National Centre for the Control of Small Arms and light Weapons should quickly evolve a database and tracking capability to ease the fight against arms proliferation
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BILAN, I. "Combating terrorism: the EU experience." INFORMATION AND LAW, no. 2(37) (June 23, 2021): 67–73. http://dx.doi.org/10.37750/2616-6798.2021.2(37).238338.
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The article analyzes the EU experience in the field of counter-terrorism. Problems of implementation of the state policy in this sphere are explored. Measures taken by EU countries to prevent terrorism are being examined. The national legislation of some European countries on counter-terrorism is analyzed. The article concludes that the current international counter-terrorism policy is characterized by the adoption of acts that take into account the need to criminalize all socially dangerous acts of terrorism, strengthen interdepartmental cooperation between law enforcement and special services of foreign countries, establish links between regional counterterrorism structures.
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Самиулина, Яна Валерьевна. "HISTORICAL STAGES OF THE «TERRORISM» CONCEPT FORMATION UNDER THE NATIONAL LEGISLATION OF RUSSIA." Vestnik Samarskogo iuridicheskogo instituta, no. 1(42) (March 22, 2021): 84–88. http://dx.doi.org/10.37523/sui.2021.42.1.012.
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В статье освещен вопрос, связанный с эволюцией понятия терроризма по законодательству России. Актуальность темы определяется, прежде всего, тем, что проявление терроризма представляет собой серьезную угрозу международной и внутренней безопасности каждого отдельного государства, всего международного сообщества в целом. В результате проведенного теоретического анализа отечественного законодательства об ответственности за совершение преступлений террористического характера автором выделено пять исторических этапов (периодов) его становления, представлена их характеристика. В заключение делается вывод о существовании на современном этапе проблемы выработки определения сложного и многогранного понятия «терроризм». Законодательная дефиниция «терроризм» должна быть принципиально полной, содержать характеризующие специфические признаки, соответствующие современным способам его проявлений. Полагаем, что современная дефиниция, изложенная в п. 1 ст. 3 Федерального закона «О противодействии терроризму», пока не идеальна и продолжает требовать к себе внимания со стороны исследователей и законодателя с целью корректировки терминологии. The issue related to the evolution of the concept of terrorism under Russian legislation is examined in the article The relevance of the topic is determined, first of all, by the fact that the manifestation of terrorism is a serious threat to the international and internal security of each individual state, the entire international community as a whole. As a result of the theoretical analysis of domestic legislation on responsibility for crimes of a terrorist nature, the author has identified five historical stages (periods) of its formation, and presented their characteristics. In conclusion, a conclusion is made about the existence at the present stage of the problem of developing a definition of the complex and multifaceted concept of «terrorism». The definition of terrorism should be fundamentally complete, include characterizing specific features characteristic of modern ways of its manifestations. We believe that the modern definition set forth in paragraph 1 of Art. 3 of the Federal Law «On Countering Terrorism» is not ideal yet and continues to require attention from researchers and legislators in order to correct the terminology.
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Chernadchuk, T. O., and V. O. Berezovska. "THE POLICY OF THE EUROPEAN UNION ON THE FIGHT AGAINST TERRORISM: THE ANALYSIS OF THE EUROPEAN UNION LEGISLATION AND SOME NATIONAL ANTITERRORISM PROGRAMMES." Constitutional State, no. 48 (December 19, 2022): 66–76. http://dx.doi.org/10.18524/2411-2054.2022.48.267964.
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Terrorist attacks strike not only the victims, their friends and families, but also the fundamental principles of the European Union. The choice of the topic of the article is caused by the fact that today the European Union recognizes money laundering, terrorist financing and international terrorism as some of the main threats to its financial system and citizens’ security. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. The methodological basis of the work consists of both general scientific and special methods of scientific knowledge. The EU legislation in the sphere of counter-terrorism was investigated using the analytical method, the method of abstraction gave an opportunity to assess the general current state of legal regulation of the fight against terrorism. The use of the comparative legal approach made it possible to analyze the national antiterrorist programmes of chosen European countries. The logical legal method was applied when formulating conclusions and proposals. The article deals with the issues related to the legal aspects of the fight against international terrorism. The paper investigates the steps taken by the European Union, i.e., the adoption of resolutions and strategies, the signing of treaties, the creation of institutions that function with the purpose to combat and prevent terrorist attacks, which are the constituents of the general concept of the antiterrorist system. The authors indicate the most important treaty provisions and institutions as well as their development and influence on the system of the fight against terrorism by the European Union. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. It has been investigated that the external activities of the EU include the support of countries in improving their judicial systems and the potential of law enforcement authorities as well as the integration of European antiterrorist legislation into their security strategies. In the studied countries, the systematic approach to the fight against terrorism is clearly visible.
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Гбур, Зоряна, and Світлана Кошова. "Regulatory fundamentals of the fight against terrorism in Ukraine." Public administration aspects 9, no. 1 (February 28, 2021): 72–80. http://dx.doi.org/10.15421/152107.
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An important element of ensuring national security in Ukraine is the legal consolidation of practical and real principles in national legislation. One of the main reasons for the low quality of the fight against terrorism is the imperfection of legal acts and the inconsistency of the level of preparation for real threats. Normative acts require detailed study, analysis and substantiation in view of international law and evolution, due to which, changes are made more than once. The growing number of terrorism in the world, gives impetus to international cooperation to combat the most dangerous crime. Research is important to address the challenges of preventing terrorism.To improve the legislation, it is necessary to take into account the degree of ability to anticipate threats and assess risks, to ensure the continuity of the process of activity of bodies and the process of recovery. Improving Ukrainian legislation requires modernizing Cain's anti-terrorism legislation on countering and preventing terrorism.The article analyzes the legal framework for combating terrorism, identifies the relevance of the problem of combating terrorism, the range of regulations, considers the views of scientists on the system of their division by type, proposed its own system of regulations in the table.Specifically, some important legal acts on measures to combat terrorism are analyzed. The international legal documents establishing the general principles of international cooperation in the field of prevention and counteraction to terrorism are studied.The priorities of the state policy in the field of counter-terrorism, the principles of counter-terrorism enshrined in regulations are considered, and some proposals for improving the regulatory framework in the fight against terrorism in Ukraine are identified.
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A. Y., Babii. "The system of extremist crimes under the legislation of Ukraine." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 281–86. http://dx.doi.org/10.33663/2524-017x-2020-11-48.
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In the articles analysed scientific approaches are in relation to determination systems of crimes, that can belong to extremist. It is emphasized absence of the special norms on questions counteraction to extremism in Ukraine. In Ukraine scientists spare insufficient attention to extremist crimes. These problems have a significant impact on counteraction to extremism. The main efforts are aimed at combating such extremism form as terrorism in Ukraine. Absence of unanimity is established among scientists in understanding of extremism and him criminal displays. From the point of criminology of sight with the aim of decision of tasks of prevention and counteraction seems reasonable and expedient association of various extremist encroachments in one group of criminology under the general name «extremist crimes». Drawn conclusion that the use of the various going near determination of the system of extremist crimes conditioned foremost by complication and multidimensionalness of the phenomenon of extremism, and also by absence in the legislation of Ukraine of the special norms sanctified to counteraction to extremism. Criminal responsibility for acts that it is accepted to name extremist, envisaged by the norms of different divisions of Special part of Сriminal Code of Ukraine that testifies to the threat of extremism not only for bases of national safety of the state. Under extremist it is suggested to understand crimes committed for extremist motives and (whether) aims. There are sufficient and reasonable grounds to consider that to extremist crimes under the Criminal Code of Ukraine may include in certain cases the following encroachments: actions aimed at forcible change or overthrow of the constitutional order or seizure of state power (article 109 of the Criminal Code of Ukraine), encroachment on territorial integrity and inviolability of Ukraine (art. 110), financing of actions committed with the aim of forcible change or overthrow of the constitutional order or seizure of state power, change of borders of the territory or state border of Ukraine (art. 1102), treason (art. 111), encroachment on the life of a statesman or public figure (art. 112), sabotage (art. 113), obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations (art. 1141), violation of equality of citizens depending on their race, nationality, religious beliefs, disability and other grounds (art. 161), terrorist act (art. 258), involvement in committing a terrorist act (art. 2581), public appeals to commit a terrorist act (art. 2582), creation of a terrorist group or terrorist organization (art. 2583), assistance in committing a terrorist act (art. 2584), financing of terrorism (art. 2585), creation of paramilitary or armed groups not provided by law (art. 260), mass riots (art. 294), calls to commit acts threatening public order (art. 295), propaganda of war (art. 436), planning, preparation, resolution and conduct of aggressive war (art. 437), the use of weapons of mass destruction (art. 439), genocide (art. 442), encroachment for the life of a representative of a foreign state (art. 443), crimes against persons and institutions with international protection (art. 444), mercenary (art. 447). Keywords: extremism, extremist crimes, system, extremist motives.
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Kubalskiy, Vladyslav. "Problems of criminalization of cyberterrorist encroachments." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 488–97. http://dx.doi.org/10.33663/1563-3349-2022-33-488-497.
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This research is aimed at identify the main ways to improve the criminal legislation of Ukraine in the fi eld of counteracting cyberterrorism. The most precise attention is focused on considering of scientists’ proposals, as well as bills dealing with the criminalization of acts of cyberterrorism. The research is based on results of the analysis of the norms of criminal codes of some foreign states in the fi eld of counteracting acts of cyberterrorism. Terrorist activities in cyberspace in the context of globalization and the widespread use of information and communication technologies pose a serious threat to the security of any state and necessitate countering this phenomenon. It is impossible to properly сounteract the manifestations of cyberterrorism (in the scientifi c literature it is sometimes called «electronic», «information», «computer» terrorism) as a new type of terrorism without understanding its nature, modern forms and trends. The author consider that confi rming the position on the need for legislative regulation of criminal responsibility for cyberterrorist acts, we note that the proposed idea meets the grounds and criteria for criminalization, which are developed in the science of criminal law. The criminalization of all forms of terrorist activity without exception and their qualifi cation as terrorist crimes is a necessary precondition for the organization of proper counter-terrorism. A similar recent trend in European countries is in favor of such a solution. The cyber-terrorist acts committed in our state must be qualifi ed under Article 258 «Terrorist act» of the Criminal Сode of Ukraine. The study contains proposals to change the provisions of the current Criminal Code of Ukraine and its new draft, aimed at improving counteracting acts of cyberterrorism. The adoption of the rule in the proposed wording will contribute to a more eff ective response to acts of cyberterrorism, has a certain preventive potential, and also demonstrates the correct understanding by the legislator of the level of public danger of the analyzed acts. Key words: criminalization, cyberterrorism, act of cyberterrorism, cyberspace.
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Borichev, Konstantin. "On the need for changes to the disposition ofArticle 205 of the Criminal Code of the Russian Federation «Terrorist act»." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2024, no. 1 (March 28, 2024): 94–102. http://dx.doi.org/10.35750/2071-8284-2024-1-94-102.
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Introduction. The article is devoted to the matters of updating the existing antiterrorist legislation. Given the increase in terrorist activity in recent decades, both in the world and in the Russian Federation, the effectiveness of the application of criminal law norms and their updating in accordance with new threats is one of the fundamental factors in countering terrorism. Methods. In the study various scientific methods were used: system analysis, critical analysis, formal-logical method, method of legal modeling. Results. The content of article 205 of the Criminal Code of the Russian Federation was analyzed, conflicts of this legal norm were revealed. The legislator simultaneously applies the concepts of «action» and «act», which leads to problems in the law enforcement practice. The methods of committing a terrorist act were analyzed and it was established that this crime can be committed in the form of both action and lack of action. Amendments to the disposition of Part 1 of Article 205 of the Criminal Code of the Russian Federation are proposed such as replacing the words «other actions» with «other acts», and also replacing the words «in actions» with the words «in acts» in the note to Article 205 of the Criminal Code of the Russian Federation. In the course of the study thediscrepancy between the criminal-legal norm of Article 205 of the Criminal Code of the Russian Federation, where the term «governmental bodies» is used, and the norms of the Federal Law «On the Fight against Terrorism», where the phrase «state bodies, local self-government bodies» is used,was revealed. The analysis of the use of the concept of «governmental bodies» was conducted and it was established that it does not have the legal definition. In order to unify the Russian anti-terrorist legislation and bring it into line with modern realities, it is proposed to specify the content of Article 205 of the Criminal Code of the Russian Federation, replacing the phrase «governmental bodies» with words «state bodies, local self-government bodies».
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Arifi, Kadri. "Application of the Covert Measures with the Focus on Kosovo Legislation." European Journal of Interdisciplinary Studies 1, no. 2 (August 30, 2015): 68. http://dx.doi.org/10.26417/ejis.v1i2.p68-72.
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The sophisticated forms of the organized crime, the high level of risk, complexity and threatening potential of the terrorism, impose the need (among other measures) for the application of covert investigative measures, among other the interception of telecommunications in order to prevent and combat these threats. Measures and traditional methods used by security institutions and law enforcement agencies do not provide adequate results and this raises the need and necessity for application of covert measures. In particular, the application of covert investigative measures for the security services as a measure, is necessary and essential for early detection and prevention of activities that affect the national security, while for the law enforcement agencies, the covert measures are used as a prevention and investigation measure of serious criminal acts and terrorism, but also as a measure to provide evidence for investigative processes. There is no doubt about the high sensitivity that the application of covert measures has in relation to human rights and freedom, respect and protection of which is the duty of the state and represents not an easy challenge for several reasons. In this regard, the application of covert measures should be limited by the law and their application in accordance with the law is a precondition for respecting human rights and freedom.
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Arifi, Kadri. "Application of the Covert Measures with the Focus on Kosovo Legislation." European Journal of Interdisciplinary Studies 2, no. 1 (August 30, 2015): 68. http://dx.doi.org/10.26417/ejis.v2i1.p68-72.
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The sophisticated forms of the organized crime, the high level of risk, complexity and threatening potential of the terrorism, impose the need (among other measures) for the application of covert investigative measures, among other the interception of telecommunications in order to prevent and combat these threats. Measures and traditional methods used by security institutions and law enforcement agencies do not provide adequate results and this raises the need and necessity for application of covert measures. In particular, the application of covert investigative measures for the security services as a measure, is necessary and essential for early detection and prevention of activities that affect the national security, while for the law enforcement agencies, the covert measures are used as a prevention and investigation measure of serious criminal acts and terrorism, but also as a measure to provide evidence for investigative processes. There is no doubt about the high sensitivity that the application of covert measures has in relation to human rights and freedom, respect and protection of which is the duty of the state and represents not an easy challenge for several reasons. In this regard, the application of covert measures should be limited by the law and their application in accordance with the law is a precondition for respecting human rights and freedom.
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Kamga, Gerard Emmanuel Kamdem. "Killing two birds with one stone: insights into the recent counterterrorism legislation in Cameroon." Verfassung in Recht und Übersee 53, no. 2 (2020): 190–208. http://dx.doi.org/10.5771/0506-7286-2020-2-190.
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The paper reviews counterterrorism legislation in Cameroon in relation to (in-) security, human rights and the rule of law. In December 2014, to step up the fight against the terrorist group Boko Haram, the Parliament of Cameroon enacted a new law on the suppression of acts of terrorism. However, owing to both its suppressive nature and serious threat to the security and rights of the people it claims to protect, the content of this law appears to be controversial. The author attempts to break down this legislation and argues that the distinctive feature of the recent counterterrorism legislation in Cameroon is the disappearance of the distinction between the perpetrators of terrorist activities and civilian populations as well as political opponents involved in national protests both being subject to capital punishment. In so doing, the author provides critical insights into a unique anti-terror universe, that is, the current socio-political situation in Cameroon. From the recent unrests and arrests following the controversial outcome of the 2018 presidential elections, to the crisis in the English speaking regions of Cameroon as well as the (bloody) suppression of journalists, emphasis is put on the extent to which the current legal architecture of the state has been overshadowed by a fearsome piece of legislation coupled with the hyperactivity of military judges who have been busy leading Kafkaesque trials almost on a full-time basis. In the end, what is noticeable is the extent to which the counterterrorism legislation of December 2014 unveiled itself as a suppressive device aiming at protecting the regime instead of a security arsenal for the sake of the society.
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Sinyakin, I. I., and A. Yu Skuratova. "Special Tribunal for Lebanon and progressive development of international criminal law." Law Enforcement Review 5, no. 4 (January 6, 2022): 226–36. http://dx.doi.org/10.52468/2542-1514.2021.5(4).226-236.
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The subject. The article analyses the practice of the Special Tribunal for Lebanon and its Judgement of 18 August 2020, rendered against those found guilty of a terrorist act and the impact on the progressive development of international criminal law.The purpose. This article seeks to define what goal the international community pursued in establishing the Special Tribunal for Lebanon from the perspective of international security law, international criminal justice, and counter-terrorism cooperation. The legal nature of the terrorist attack of 14 October 2005 is essential in this regard: is the crime is comparable in its gravity and consequences to the crimes of genocide or war crimes in the territory of the former Yugoslavia or Rwanda, which predetermined the subsequent establishment of ad hoc international criminal tribunals? Further, was the establishment of the Special Tribunal for Lebanon an attempt to make the crimes of terrorism an international crime in practice? Finally, was the establishment of the Tribunal an attempt to lay the groundwork for a new type of international judicial bodies with jurisdiction over crimes of terrorism? The methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods.The main results. The legal qualification and analysis of the circumstances of the terrorist attack do not enable the conclusion that the bomb explosion in Beirut was comparable in danger and consequences to any international crimes or was a threat to international peace and security. In its turn, the involvement of the Security Council in the establishment of the Tribunal does not unequivocally evidence its alleged attempt to create a purely international criminal structure.The choice of applicable law granted to Lebanon and the fact that the crime committed solely affected the interests of that State would qualify the Tribunal as an internationalized judicial body, whose work would focus on defining the crime of terrorism through a broader lens of interpreting national legislation. In other words, the impetus for development has been given not to international but national criminal law.The Tribunal was created neither to progressively develop international criminal law with regard to defining terrorism as an international crime nor to advance the international criminal justice system. Rather, it was an attempt to address Lebanon’s specific political and legal challenges.Conclusions. The outcome of the Tribunal’s work could have a rather negative impact on the development of international criminal law, discrediting the very idea of enabling “peace through justice” and uniform, consistent application and interpretation of international criminal law.
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Feldman, David. "United Kingdom: House of Lords on Anti-terrorism, Crime and Security Act 2001 in A. and others v. Secretary of State for the Home Department and X and another v. Secretary of State for the Home Department, Decision of 16 December 2004." European Constitutional Law Review 1, no. 3 (October 2005): 531–52. http://dx.doi.org/10.1017/s1574019605005316.
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After the attacks by Al-Qaeda on the World Trade Centre in New York and other sites on 11 September 2001, the UK Parliament enacted the Anti-terrorism, Crime and Security Act 2001 (ATCSA). Part 4 of the Act allowed the Home Secretary to certify a person as a suspected international terrorist if he reasonably believed that the person's presence in the UK was a threat to national security and reasonably suspected that he or she was an international terrorist. If the person was subject to UK immigration control (i.e., had no right of abode in the UK, not being a British national), he or she could be removed from the UK and detained pending removal under immigration legislation. If a practical consideration (such as the absence of transport links between UK and the place to which the person could be removed) or a point of law which wholly or partly related to an international agreement (for example, where removing a person to his or her country of origin would render him or her liable to torture contrary to Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)) prevented a person's removal or departure temporarily or indefinitely, the Act permitted their detention.
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Chmielnicki, Paweł, Dobrochna Minich, Radosław Rybkowski, Michał Stachura, and Konrad Szocik. "The COVID-19 Pandemic as an Opportunity for a Permanent Reduction in Civil Rights." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 77. http://dx.doi.org/10.17951/sil.2021.30.4.77-109.
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<p>The COVID-19 pandemic has had far-reaching effects, which are primarily being felt in the functioning of the health service, the organization of social life, and the state of the national economy. It is also worth paying attention to the legal and political consequences which are less obvious and noticeable for average citizens. One of the most important is the change in legislation which entails limiting civil liberties and rights. This article is on empirical proof of how Polish legislation is reducing fundamental rights. The authorities in combatting the pandemic are not using the solutions that appear in the Polish Constitution, but use the non-constitutional form of special laws. The authors, therefore, when discussing the problem refer to US legislation and policy which has the notable example of the Patriot Act which can be interpreted as being a pretext for limiting civil liberties in the name of combating terrorism. As stated, such emergencies as the current pandemic or the threat of terrorism, are used to permanently and significantly reduce civil rights.</p>
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Kleschenko, N. O. "The effectiveness of legislation is the focus of post-war reconstruction." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 235–41. http://dx.doi.org/10.33663/2524-017x-2023-14-235-241.
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The relevance of the outlined topic is justified by the fact that in the course of the full-scale war launched by the Russian Federation against Ukraine, a significant number of issues have arisen that require their legislative consolidation. In particular, these are questions related to the dynamics on the military-political front in the context of the war, which has been going on for more than a year; as well as issues related to post-war reconstruction. In addition, in the context of the national course of integration into the EU and the establishment of Ukraine as a legal state, the post-war recovery should include the genesis of special legal relations between the citizen and the state, and renewed interaction between society and political forces. In this matter, special attention should be paid to the institution of the state’s responsibility to the individual, as one of the main guarantees of human rights and freedoms. That is why one of the important tasks of the state is the constant assessment of the effectiveness of current legal norms, their improvement and updating in accordance with the needs of society. In the most general form, the problem of ensuring the effectiveness of legislation can be solved on the following basic grounds: when adopting a legislative act, special attention should be paid to the observance of the methodology of adopting the law, as well as any other normative legal act, the requirements of the so-called «chain of effectiveness», namely: the need and social interest in such a law; goals that will be achieved with the help of thelaw; the adequacy of the means by which the law is implemented, from the point of view of achieving the set goals; determination of specific addressees of the law; control system for its implementation, etc. In the context of the effectiveness of legislation in the process of post-war reconstruction, the Law of Ukraine «On compensation for damage and destruction of certain categories of immovable property as a result of hostilities, acts of terrorism, sabotage caused by the armed aggression of the Russian Federation against Ukraine, and the State Register of Property Damaged and Destroyed» are analyzed as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine» and Resolution of the Cabinet of Ministers of Ukraine «On approval of the Procedure for providing compensation for the restoration of certain categories of real estate objects damaged as a result of hostilities, acts of terrorism, sabotage caused by the armed aggression of the Russian Federation, using the electronic public service «eRestoration». Emphasis is placed on the importance of these normative legal acts and attention is drawn to insufficiently regulated points. In particular, it is emphasized that there is no settlement of the issue regarding damaged objects that were repaired at their own expense. It is also argued that it is necessary to regulate the procedure for the formation of a commission for consideration of issues related to the provision of compensation, in particular, to provide for requirements for persons who can be part of such a commission on a permanent basis, and the procedure for making decisions on granting or refusing to provide compensation. Key words: effectiveness of legislation, post-war reconstruction, restoration of damaged housing, martial law, «eRestoration».
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Sirotkina, T. G. "THE ESTABLISHMENT AND DEVELOPMENT OF THE INSTITUTE OF CRIMINAL LIABILITY OF MINORS FOR EXTREMISM IN RUSSIA." Vestnik of the Russian University of Cooperation, no. 3(45) (October 10, 2021): 140–46. http://dx.doi.org/10.52623/2227-4383-3-45-27.
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The article examines the historical aspects and prerequisites for the emergence and development of criminal responsibility for extremism. The author draws attention to the fact that the definition of extremism in the science of criminal law causes certain difficulties, since it is close to terrorism and terrorist activity in its content, which does not allow distinguishing these crimes.
The analysis of social and legal grounds for criminalization of this social phenomenon is presented. The author conducted a historical and legal analysis of the legislation of the USSR times and the current criminal law, considered the features of sentencing minors, raised the question of the age of criminal responsibility. The study concluded that there are similar measures of responsibility for crimes directed against the foundations of the state structure, extremist and terrorist manifestations. The author notes that the criminal liability of minors for a long historical period of time is unchanged. The only difference is the age of bringing persons to criminal responsibility in the conditions of the development of law and society.
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Грабчук, Олександр, and Ірина Супрунова. "Financial monitoring as a condition for ensuring the state security of the country: concepts, components, stages of development." Public administration aspects 8, no. 4 (October 29, 2020): 75–83. http://dx.doi.org/10.15421/152082.
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The purpose of the study is to reveal the theoretical aspects of the system of preventing and combating money laundering and terrorist financing, determining the main directions and consequences of the development of the financial monitoring system as a whole and its components. At the present stage, international terrorism has intensified. Legalization of illicit proceeds and terrorist financing is one of the threats to national security. Financial monitoring is an effective tool for overcoming this threat in the world. The system of prevention and counteraction to legalization (laundering) of proceeds and financing of terrorism consists of financial monitoring and law enforcement unit. Institutional, methodological, organizational and normative-legal support is allocated as parts of financial monitoring. Institutional support is a key component of the financial monitoring system. Its elements affect other components of the system, determine the effectiveness of its operation. The characteristics and stages of development of institutional support are given. To determine the effectiveness of the financial monitoring system, it is advisable to use indicators of institutional support. The analysis of these indicators showed the effectiveness of the domestic financial monitoring system. The conclusions are to substantiate the areas for further improvement of the components of the financial monitoring system: for institutional support – the need to further establish the procedure for exchanging information with law enforcement agencies and state regulators is justified; for regulatory and legal support – the expediency of adopting regulatory and legal documents that will consolidate the legal status of new objects of financial monitoring is reflected; for organizational support – the expediency of expanding the requirements for training is reflected. This training should take into account the latest changes in legislation in the field of preventing and combating money laundering and terrorist financing.
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Hrabchuk, I., and O. Hrabchuk. "The mechanism of interaction between subjects of financial monitoring and subjects of implementation of the law enforcement function." Society and Security, no. 1(2) (April 17, 2024): 77–83. http://dx.doi.org/10.26642/sas-2024-1(2)-77-83.
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The relevance of the study is determined by the need to effectively detect, stop and investigate financial crimes, including money laundering, terrorist financing and other violations. The purpose of the research is to study the peculiarities of the cooperation of financial monitoring subjects and law enforcement agencies in the fight against the financing of terrorism and to determine directions for its improvement in Ukraine. The methodological basis of this research is general scientific and special methods. Such methods as analysis and synthesis, deduction and induction, normative and positive analysis, systematization, structural-logical, statistical were used. The interaction of financial monitoring subjects and law enforcement agencies in the system of combating the financing of international terrorism was studied and the role of the State Financial Monitoring as the main connecting link in the effectiveness of this interaction was determined. In the course of the analysis of the messages received by the State Financial Monitoring Service and the materials transferred by this institution to law enforcement agencies, the factors that influenced their dynamics and structure were identified (a change in the approach to the detection of financial transactions with signs of financial monitoring, introduced by the new Law of Ukraine "On Prevention and Counteraction of Legalization ( money laundering), the financing of terrorism and the financing of the proliferation of weapons of mass destruction", as well as the martial law introduced in Ukraine, the nature of financial transactions and the bodies created and whose functions include the processing of materials for such transactions). Differences regarding the organization of cooperation between the specified subjects in different countries of the world are due to both the general policy in the country and the corresponding nature of the anti-legalization legislation. Mechanisms of cooperation between financial monitoring subjects and law enforcement agencies have been defined, which should include: exchange of experience and training in the form of regular meetings, establishment of online information exchange during joint activities to investigate financial crimes.
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Junaidi, Afdal, Triono Eddy, and Alfi Sahari. "Pemberian Sanksi Pidana Bagi Pelaku Penyebaran Hoax Ditinjau Dari Aspek Tindak Pidana Terorisme." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 2 (December 2, 2020): 401–11. http://dx.doi.org/10.34007/jehss.v3i2.321.
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This research, descriptive analysis, with a statutory approach, conseptual approach. The purpose of this research is to analyze the from of spreading fake news in Indonesia legislation and criminal sactions for the perpetrators of spreading fake news in term of the criminal act of terrorism. The results of this study indicate that the form of spreading fake news can be categorized as criminal act of terrorism, where the criminal act of terrorism is also threatening the safety of the nation and the state, causing divisions, causing uproar in the community, even though the act of spreading fake news is not regulated in the terrorism law but causes the effect that may be the same as that of terrorism, it’s just that the act of spreading fake news does not threaten the lives of many people. Whereas the criminal sanction for the perpetrators of spreading fake news inthe terms of the aspect of the criminal act of terrorism are equivalent to the convictions of criminal conspiracy, attempted and assisting in committing the crime of terrorism.
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Subkhan, Subkhan, and Widayati Widayati. "Politics of Law Handling of Criminal Acts of Terrorism (Case Study In The District of Kudus)." Jurnal Daulat Hukum 1, no. 4 (December 10, 2018): 887. http://dx.doi.org/10.30659/jdh.v1i4.3930.
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Terrorism is a criminal act tremendous concern today's world, especially in Indonesia. Terrorism that occurred in Indonesia lately has associated ideological, historical and political as well as a dynamic part of the strategic environment at regional and global level. Terrorism is in fact an act which violates humanitarian and human rights as well as the proof that terror is the action of a very cruel and did not take into account, disregard and ignore the human values referred to in the second principle of Pancasila which became ideology Indonesian Nation humanity fair and civilized.In general, the legal political handling of criminal acts of terrorism in Indonesia as a strategic step taken by Government Regulation No. 1 of 2002 Post-Event 1 Bali bombings to face a precarious state that fills a legal vacuum. That then pass the regulation established as Act No. 15 of 2003 on the Eradication of Terrorism does not diminish its value as a legal norm, but in the development of the substance of legislation are assessed tend to be repressive and still found the articles that have not been able to cover the dynamics of the spread of ideology radical who became the mother of terrorism, and prevent acts of terrorism itself.Regulation alone is not appropriate presumably in combating terrorism, therefore we need other measures comprehensively, integral, planned and sustainable in the form of legal policy in order to cover the lack of normative law, by improving awareness and knowledge about the nationality and religious teachings properly , so that people can always be responsive and alert to the movement of radical groups that developed in the surrounding area.Keywords: Politics of Law; Handling, Management of Terrorism Crime.
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Dubovik, Ol'ga Leonidovna. "Criminal offences against public security: a comparative analysis of Russian and Polish criminal codes." Национальная безопасность / nota bene, no. 4 (April 2020): 20–27. http://dx.doi.org/10.7256/2454-0668.2020.4.29079.
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The problem of ensuring public security is recognized by society and the state as an increasingly important, which is discussed by not only politicians and lawyers, but also political scientists, philosophers, and religious figures. Terrorism, taking of hostages, piracy, mass disturbances, extremism, racism and religious persecution have turned into a bitter daily occurrence. Russian and foreign criminal legislation establishes responsibility for such criminal offences. Despite the adopted conventions, the development of common positions on the prevention of crimes against public security, as well as criminal law regulations substantially differ from country to country. In pursuance of unification of criminal legislation on combating terrorism, extremism and other assaults on public security, as well as efforts taken in this regard, the author observes both, shared goals and aspirations, as well as substantial differences thereof. From this perspective, the differences and similarities of criminal law institution (community), which establishes responsibility for offences against public security in the criminal codes of Russia and Poland, are evident. Such comparative analysis would be applicable in comprising Russian and foreign experience overall, but taking into account the historical, cultural, political, geographical and other indicators, it seems reasonable to use the regulation of the corresponding criminal law prohibitions in the two indicated countries.
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Ip, John. "RECONCEPTUALISING THE LEGAL RESPONSE TO FOREIGN FIGHTERS." International and Comparative Law Quarterly 69, no. 1 (December 4, 2019): 103–34. http://dx.doi.org/10.1017/s0020589319000447.
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AbstractThe Syrian civil war has highlighted the phenomenon of foreign fighting, in which individuals leave their home State to join an armed conflict overseas. The predominant paradigm for regulating foreign fighting, centred on United Nations Security Council Resolution 2178, is based on counterterrorism, which in essence treats foreign fighting as a form of terrorism. This paradigm is largely reflective of the domestic legislation of the United Kingdom, United States, Canada and Australia. This article argues that this approach is problematic, and that an alternative paradigm based on the international law of neutrality and related domestic legislation provides a better means for regulating foreign fighting.
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Berda, Yael. "The Citizenship Regime Change Behind Israel’s Rule-of-Law Crisis." Current History 122, no. 848 (December 1, 2023): 342–47. http://dx.doi.org/10.1525/curh.2023.122.848.342.
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This article delineates the relations between the judicial overhaul launched by Israel’s right-wing government in 2023 and the mechanisms of Israel’s control over Palestinians, demonstrating that they are two parts of a regime change. The essay traces a series of changes in Israel’s citizenship regime the past decade: the enactment of an anti-terrorism law and a nation-state law that defined the exclusive right of Jews to self-determination in Israel; the domestic application of surveillance and control practices developed in the occupied territories; and finally legislation allowing the revocation of Palestinians’ citizenship and the de facto annexation of the occupied territories.
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Xhixho, Erisa, and Henris Balliu. "Money laundering - Harmonization of Albanian legislation in the framework of EU membership." Balkan Journal of Interdisciplinary Research 10, no. 1 (May 1, 2024): 63–76. http://dx.doi.org/10.2478/bjir-2024-0006.
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Abstract The 2022 strategic report on international narcotics control of the United States Department of State, estimates that Albania remains a country susceptible to money laundering, due to corruption, the presence of organized crime networks, as well as deficiencies in legislation and supervision.1 Whereas, according to the Basel Index for the risks of money laundering and terrorist financing, Albania ranks 93rd out of 152 jurisdictions, with 4.75 out of 10 points.2 The main sources of money laundering are related to drug trafficking and other organized crime activities, while the most widespread methods of money laundering are construction, real estate and business development projects.3 Despite the reform of justice and efforts to improve the fight against money laundering, the country faces challenges in terms of capacities, insufficient supervision of some sectors, as well as the lack of cooperation between law enforcement and supervisory bodies. Albania is in the conditions of insufficient control mechanisms, in relation to the size of informal money. Referring to the report of the European Commission for Albania of 2023, the problems related to money laundering in the country remains an area that requires attention and further results.4 Also, the report shows that Albania has made progress in terms of implementing the recommendations of the Committee of Experts for the Evaluation of Measures against Money Laundering and the Financing of Terrorism (hereinafter: Moneyval),5 as well as the action plan of the Special Financial Action Task Force (hereinafter: FATF),6 with the aim of improving effectiveness in the field of money laundering. Also, since February 2020, Albania is part of a political commitment to engage with the FATF and Moneyval, in the framework of the fight against money laundering and the financing of terrorism.