Criminal and legal characteristics of the international terrorism as a global threat
AbstractThe research article examines world terrorism at the turn of the decade, which has turned into a human tragedy that knows no boundaries. The argument that one of the most serious threats to international peace and security is justified is the main threat to the fundamental human rights. To confront this threat can only be united. The support of the efforts of the governments of all countries, of the entire world in countering terrorism in all its manifestations, and ensuring the inevitability of the punishment of terrorists in any country, anywhere in the world, is expressed. The position is grounded that we can admit that the probability of manifestation of aggression and the cases of terrorism has been and will continue to exist, as long as such fundamental things as the sovereignty of the country are violated, if in international relations the force of law, and not the force of law, are applied, if economically powerful countries continue to exist will allow themselves to declare the territory of other countries in the zone of their interests and act against them from the standpoint of force. It is noted that an equally important global task is to ensure that all countries, as well as members of society within each country, have access to resources and thereby overcome the most painful phenomenon of our millennium - the poverty of the countries and the poverty of people in each of these countries. The article argues that the fight against terrorism lies primarily with the fact that preventive measures against this crime are becoming more and more of a priority. Even in the first annual report of the Commissioner for Human Rights, it was noted that in our country the issues of prevention of terrorism and punishment for this crime require an immediate legislative settlement and inclusion of the norm on liability for terrorism into the Criminal Code in accordance with international standards, which are the recognition of terrorism as one of the most serious crimes. In 1998, Ukraine made its first attempt to pass the law on combating terrorism by amending the criminal and procedural codes of Ukraine. It is noted that one of the priorities of its activities is recognized monitoring of issues related to terrorist activities. An analysis of our Ukrainian law, which had already been voted on in the Verkhovna Rada, was carried out, and it has been determined that if it enters into force in this wording, this may substantially affect the observance of human rights and freedoms through abuse of law. In addition, the law in fact violated international human rights standards of personal integrity, enshrined in Article 9 of the Universal Declaration of Human Rights, as well as Articles 9-15 of the International Covenant on Political, Civil and, eventually, the Constitution of Ukraine (Article 29). The article states that the norms of legislation dealing with counteraction to terrorist crimes adopted by foreign states in view of compliance with the requirements related to the accession of these states to anti-terrorist conventions at the international and regional levels. This is taking place against the background of the processes of unification of the antiterrorist legislation of the states, which means the construction of national legislation on the basis of standard international legal norms in this area. In this study, the position stated in the article on the concept of reforming the criminal responsibility for committing a terrorist act for the Criminal Code of Ukraine is, in fact, mutually exclusive, appropriate changes to the law can be made taking into account the positive ideas of both concepts. Is perceived as possible in the article of the General part of the law on criminal liability, which provides a list of circumstances that aggravating the responsibility for committing a crime, to admit the fact of committing a crime with a terrorist nature. In this article, we used the following methods: the method of historical analogy, modeling, generalization and the method of systematization. The theoretical foundations of the research were used.
Dudorov, A. O. (2014). Crimes on public safety, safety of production, traffic safety and operation of transport: features of qualification. Bulletin of the Association of Criminal Law of Ukraine, 1, 176-189.
Emelyanov, V.P. (2001). Criminal liability for terrorism and crimes with signs of terrorization: author's abstract. Diss. to acquire a scientific degree doc. lawyer Sciences. Moscow.
Yemelyanov, V.P. (2011). Anti-Terrorism Legislation of Ukraine: Condition and Ways of Perfection. URL: http://www.nbuv.gov.ua/portal/soc_gum /vkhnuvs/2011_53/53/18.pdf.
Kubalsky, V.N. (2006). Opposition to terrorist crimes under the laws of other states. The journal of the Kyiv University of Law, 3, 154-160.
Problems of systematization and complex development of antiterrorist legislation of Ukraine. (2008). Zelenetsky, V. S., Yemelianov, V. P. (Ed.). H.: Law.