PROBLEMS OF LEGAL REGULATION OF COMBATINIG TERRORISM AND PREVENTION OF TERRORIST ACTS
Author (s): Samofalov L. P., Samofalov O. L.
Work place:
Samofalov L. P.,
Ph.D. in Law, Associate Professor,
Associate Professor of the Department of Theory and History of State and Law, Constitutional Law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
ORCID: 0000-0001-9157-7435
Samofalov O. L.,
Ph.D. in juridical sciences,
Head of the of College,
Academy of State Penitentiary Service, Chernihiv, Ukrain
ORCID 0000-0001-9157-7435
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2020 No 2(10): 84-92
https://doi.org/10.32755/sjlaw.2020.02.084
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.
References
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