Countering International Terrorism: Problems of Criminal-Legal Qualification
DOI:
https://doi.org/10.37497/sdgs.v10i1.224Keywords:
Counteraction, Criminal liability, Implementation, International cooperationAbstract
Background: The relevance of the research topic is based on the scientific significance of a comprehensive review of the current problems of establishing and implementing criminal responsibility for organizing activities of an international terrorist organization and participating in its activities in the context of criminal law countering terrorist crimes and terrorism in general.
Objective: problems of criminal responsibility for organizing the activities of an international terrorist organization which are manifested not only in the legislative reflection of the signs of such an organization and the corresponding elements of crimes but also in the doctrinal understanding of the relevant provisions of the legislation and the application of such in investigative and judicial practice.
Methods: author used a complex of system, empirical and comparative methods.
Results: The importance of scientific research of the legislative, theoretical and applied aspects of criminal responsibility for organizing the activities of an international terrorist organization and participation in the activities of such an organization is dictated by the need to further improve the system of measures to combat terrorism and its individual manifestations, the catalyst of which is the criminal activity of organized international terrorist associations, creating conditions for expanding the scope and increasing the public danger of international terrorist activities.
Conclusions: The analysis of the aspects of international cooperation in the implementation of measures to combat terrorism is carried out. The article substantiates the need to implement international legal norms of an anti-terrorist nature in the national legislation in order to increase the interstate cooperation in the fight against terrorism
References
ANDREEVA, G.N. (2017). Constitutional and legal aspects of the fight against terrorism in Germany: studies of German constitutionalists (Analytical review), In Alferova, Ye.V., International terrorism and law: Modern foreign studies: Sat. reviews and abstracts. Moscow: Center for Social Science Information research.
CHERNYADYEVA, N.A. (2018). International terrorism: origin, evolution, topical issues of legal counteraction. Moscow: Prospect.
DERSHOWITZ, A. (2005). Why terrorism works. Moscow: Russian Political Encyclopedia.
INFORMATION MESSAGE OF THE NAC OF RUSSIA. (2016). Information and analytical portal of the National Antiterrorist Committee of the Russian Federation. Available at: http://nac.gov.ru/hronika-sobytiy/nadeyus-chto-vy-budete-rabotat-v-takom-zhe-klyuche-i-dalshe.html
IVANOV, D.; KHMELEV, S.; GUBKO, I.; GAEVOY, A.; GORLOVA, Y. Providing Compensation for the Detriment Caused By Crime When Referring Criminal Cases to Court in the Russian Criminal Proceedings. Journal of Law and Sustainable Development, São Paulo (SP), v. 9, n. 2, p. e0748, 2021. DOI: 10.37497/sdgs.v9i2.29. DOI: https://doi.org/10.37497/sdgs.v9i2.29
IVANOV, D.A., ESINA, A.S., FADEEV, P.V., CHASOVNIKOVA, O.G., ZORINA, E.A. (2020). Crime victim compensation. Revista Genero e Direito, 9(4), 753-759.
IVANOV, D.A., FADEEV, P.V., ALIMAMEDOV, E.N., DUNG, V.K. (2020). Provision of the rights and legitimate interests of legal entities that have been victims of crimes. Revista Tourismo Estudos Práticas, 5, 47-51.
KAFTAN, V.V. (2015). Countering terrorism: textbook. manual for undergraduate and graduate programs. Mosccow: Yurayt Publishing House.
KARPOVICH, O.G. (2017). Countering terrorism in the USA. Moscow: UNITY-DANA.
LANTSOV, S.A. (2004). Terror and Terrorists: A Dictionary. St. Petersburg: Publishing house of St. Petersburg University.
LUNEEV, V.V. (2013). The course of world and Russian criminology in 2 volumes. Vol. II. Special part: textbook for universities. Moscow: Yurayt Publishing House.
MALININ, V.B. (2013). Encyclopedia of Criminal Law: Vol. .21. Crimes against public safety and public order. St. Petersburg: Publishing house of professor Malinin.
MENSHIH, A.A. (2000). Legislation on the fight against terrorism in France – a guarantee of state protection of individual rights: Ph.D. thesis. Moscow.
MODEL LAW "ON COMBATING TERRORISM". (April 17, 2004). Twenty-third plenary meeting of the Interparliamentary Assembly of the CIS Member States (Resolution No. 23-5). Available at: http://docs.cntd.ru/document/901912313
NAUMOV, A.V., KIBALNIK, A.G., ORLOV, V.N., VOLOSYUK, P.V. (2015). International criminal law: textbook for undergraduate and graduate programs. Moscow: Yurayt Publishing House.
PAVLIK, M.YU. (2011). Terrorist act, hostage-taking, banditry: questions of theory and practice. St. Petersburg: Publishing House "Legal Center-Press".
PAVLIK, M.YU., BORICHEV, K.V. (2018). Features of the interaction of European states in the fight against terrorism. Leningrad Law Journal, 4(54), 154-164.
PUSHKAREV, V.V., GAEVOY, A., SKACHKO, A.V., KOLCHURIN, A., LOZOVSKY, D.N., (2019). Criminal prosecution and qualification of cybercrime in the digital economy. Journal of Advanced Research in Dynamical and Control Systems, 11(8), 2563-2566.
PUSHKAREV, V.V., POSELSKAYA, L.N., SKACHKO, A.V., TARASOV, A.V., MUTALIEVA, L.S. (2021). Criminal Prosecution of Persons Who Have Committed Crimes in The Banking Sector. Cuestiones Políticas, 39(69), 395-406. DOI: https://doi.org/10.46398/cuestpol.3969.25
SAGAIDAK, A.YU., KORSIKOVA, N.A. (2018). Criminological features of countering terrorism in the Russian Federation. Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia, 1(77), 138-141.
SAVKA, O.G. (2021). The influence of the humanitarian environment on improving the quality of training specialists in a technical university. Russian Technological Journal, 9(5(42)), 95-102. DOI: https://doi.org/10.32362/2500-316X-2021-9-5-95-101
TKACHENKO, V.V., TKACHENKO, S.V. (2015). Russian terrorism: problems of criminal responsibility. Moscow: INFRA-M.
ZAGORUIKO, K.F. (2017). International terrorism: search for its legal definition; forms and methods of combating it (Analytical review), In Alferova, Ye.V., "International terrorism and law: Modern foreign studies: Sat. reviews and abstracts”. Moscow: Center for Social Science Information research.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2022 Konstantin Borichev, Tatiana Radchenko, Alyona Moiseeva, Olga Chasovnikova
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors who publish with this journal agree to the following terms:
1. Authors who publish in this journal agree to the following terms: the author(s) authorize(s) the publication of the text in the journal;
2. The author(s) ensure(s) that the contribution is original and unpublished and that it is not in the process of evaluation by another journal;
3. The journal is not responsible for the views, ideas and concepts presented in articles, and these are the sole responsibility of the author(s);
4. The publishers reserve the right to make textual adjustments and adapt texts to meet with publication standards.
5. Authors retain copyright and grant the journal the right to first publication, with the work simultaneously licensed under the Creative Commons Atribuição NãoComercial 4.0 internacional, which allows the work to be shared with recognized authorship and initial publication in this journal.
6. Authors are allowed to assume additional contracts separately, for non-exclusive distribution of the version of the work published in this journal (e.g. publish in institutional repository or as a book chapter), with recognition of authorship and initial publication in this journal.
7. Authors are allowed and are encouraged to publish and distribute their work online (e.g. in institutional repositories or on a personal web page) at any point before or during the editorial process, as this can generate positive effects, as well as increase the impact and citations of the published work (see the effect of Free Access) at http://opcit.eprints.org/oacitation-biblio.html
• 8. Authors are able to use ORCID is a system of identification for authors. An ORCID identifier is unique to an individual and acts as a persistent digital identifier to ensure that authors (particularly those with relatively common names) can be distinguished and their work properly attributed.
