Foreign experience in the fight against terrorism. International terrorism and world experience in combating it Experience of foreign countries in combating terrorism

Terrorism has become the number one socio-political problem today, as its scale has acquired a truly global significance. In the fight against terrorism, Russia is making every effort to avoid the dangerous and unpredictable consequences that humanity is already experiencing.

Without Borders

Terrorism is a threat to the security of the whole world, all countries and all citizens inhabiting them, it is economic and political losses, it is a huge psychological pressure exerted on people. The scope of banditry in modern times is so wide that there are no state borders for it.

What can an individual state do against terrorism? Its international character dictates retaliatory measures, building a whole system of counteraction. This is exactly what Russia is doing in the fight against terrorism. The Russian Federation also feels its offensive on an international scale, so the question arose about the participation of its army even outside the country's territories.

Countering the forces of terror

Forces and local self-governments carry out hourly vigilant work to ensure the safety of the population of the country. The methods of combating terrorism within Russia are as follows.

Prevention: prevention of terrorist attacks by identifying and eliminating the conditions and causes that contribute to the commission of acts of terror.
Russia in the fight against terrorism follows the chain from the detection, prevention, suppression, disclosure and investigation of each such case.
The consequences of any manifestation of terror are minimized and eliminated.

the federal law

The opposition was announced by law in 2006. According to the Federal Law, Russia can use the Armed Forces of the Russian Federation in the fight against terrorism. The following situations of the use of the Armed Forces are stipulated.

Prevention of the flight of any aircraft hijacked by terrorists or used for a terrorist attack.
Suppression of a terrorist attack in the territorial sea of the Russian Federation and in inland waters, at any facility in the seas that are located on the shelf of the continent, where the territory of the Russian Federation is located, ensuring the safe operation of navigation.
Russia in the fight against terrorism participates in counter-terrorist operations, as provided for in this Federal Law.
The fight against international terrorism outside the borders of the territories of the Russian Federation.

Interdiction of terrorism in the air

The Armed Forces of the Russian Federation may use military equipment and weapons in accordance with the regulatory legal acts of the Russian Federation to eliminate the threat or suppress a terrorist act. If the aircraft does not respond to the commands of ground tracking stations and to the signals of the raised Russian aircraft to intercept, or refuses to obey without explaining the reasons, the RF Armed Forces stop the flight of the vessel, using military equipment and weapons, forcing it to land. In case of disobedience and the existing danger of an ecological catastrophe or death of people, the flight of the ship is stopped by destruction.

Suppression of terrorism on the water

The internal waters, the territorial sea and its own continental shelf and national maritime navigation (including submarine) must also be protected by the RF Armed Forces using the above methods of combating terrorism. If sea or river watercraft do not respond to commands and signals to stop violating the rules for using the water space of the Russian Federation and the underwater environment, or if there is a refusal to obey, the weapons of warships and aircraft of the RF Armed Forces are used for coercion in order to stop the watercraft and eliminate the threat of a terrorist attack even by its destruction. prevent loss of life or ecological catastrophe necessary, applying any measures to combat terrorism.

Counter-terrorism internal and external

Normative legal acts of the Russian Federation determine the decision of the President of Russia in attracting military units and units of the RF Armed Forces to participate in the counter-terrorist operation. Military units, subunits and formations of the RF Armed Forces use military equipment, special means and weapons. Combating international terrorism through the involvement of the Armed Forces Russian Federation is carried out in accordance with the international treaties of the Russian Federation, this Federal Law with the use of weapons or from the territory of the Russian Federation against the bases of terrorists or individuals located outside the Russian Federation, as well as with the use of the RF Armed Forces outside the country. All these decisions are made personally by the President, currently V. Putin.

The fight against terrorism is the most important task of the modern world and very responsible. Therefore, the total size of the formation of the RF Armed Forces, the areas where it will operate, the tasks facing it, the period of stay outside the Russian Federation and other issues related to counter-terrorism activities outside the borders of the Russian Federation, are also decided personally by the President. The federal law on combating terrorism specifically stipulates this provision. The military units that are sent outside of Russia consist of contract servicemen who have undergone special preliminary training and are formed purely on a voluntary basis.

National security

Terrorism can be represented both by organizations and groups, and by individuals. The national security strategy of the Russian Federation until 2020 provides for any manifestations of terrorist activity. The orientation can be of any plan - from a violent change in the basis of the constitutional order of the Russian Federation and the disorganization of the functioning of the state. authorities until the destruction of industrial and military facilities, as well as institutions and enterprises that ensure the livelihoods of the population, and to the intimidation of society by the use of chemical or nuclear weapons.

The problems of the fight against terrorism lie in the fact that there is no consolidation of all public and state structures in uniting efforts to counter this most dangerous phenomenon. Here, any specially created counter-terrorism centers, even special services and law enforcement agencies, will not be able to effectively help. We need joint activity of all structures, branches of power, and the media.

Sources of terrorism

Any terrorist manifestations must be clearly traced to the very source and the reasons for their occurrence must be honestly named. An expert survey conducted among employees of the anti-terrorist units of the FSB of the Russian Federation revealed that the determinants (factors of occurrence) of terrorism are most often the following: a sharp decrease in the standard of living and the degree of social security. protection, political struggle and legal nihilism, the growth of separatism and nationalism, imperfect legislation, low authority of power structures, their ill-conceived decisions.

Growing terrorism is fueled mainly by contradictions in society, social tension, which is where political extremism comes from. The fight against extremism and terrorism requires the inclusion of a comprehensive program in which it will have not only political, but also economic, social, ideological, legal and many other aspects. The anti-terrorist policy of the Russian Federation is trying to solve the main, but only investigative tasks - the preservation of territorial integrity and sovereignty. And we should start with the reasons.

Fundamentals of combating terrorism

An integral part of state policy is the fight against terrorism in the Russian Federation, the purpose of which is, as already mentioned, to ensure the integrity and sovereignty of the country. The main points of this strategy are:

the causes and conditions conducive to the emergence of terrorism and its spread must be identified and eliminated;
persons and organizations preparing for terrorist attacks must be identified, their actions prevented and suppressed;
entities involved in terrorist activities must be held accountable in accordance with Russian law;
forces and means designed to suppress, detect, prevent terrorist activities, minimize and eliminate the consequences of terrorist attacks should be maintained in constant readiness to their use;
crowded places, important life support facilities and infrastructure must be provided with anti-terrorist protection;
the ideology of terrorism should not be spread, and the work of information and propaganda support should be intensified.

Security measures

Objects that can be targeted by terrorist operations have recently become much better equipped with engineering and technical means protection, also employees of security companies have significantly increased their level of training. Nevertheless, the anti-terrorist protection of places where people are massively staying is still clearly insufficient, since there were no uniform requirements for ensuring this at the facilities.

In 2013, on October 22, the Federal Law on Anti-Terrorist Protection of Facilities came into force. Now, according to this document, the Government of the Russian Federation receives the right to establish mandatory requirements for the anti-terrorist protection of objects and territories for all individuals and legal entities. Also, the requirements relate to their category, control regarding the fulfillment of the requirements, the form of the safety data sheet. Only transport infrastructure, vehicles and fuel and energy facilities are excluded from these facilities, where anti-terrorist protection is built much more strictly.

global threat

Terrorist organizations operate in Russia most often with the participation and under the leadership of foreign citizens who have been trained abroad and are financially supported by sources associated with international terrorism. According to the FSB of the Russian Federation, already in 2000 there were about three thousand foreign fighters in Chechnya. In the fighting of 1999-2001, the Russian armed forces killed more than a thousand foreigners from Arab countries: Lebanon, Palestine, Egypt, the United Arab Emirates, Jordan, Yemen, Saudi Arabia, Afghanistan, Tunisia, Kuwait, Tajikistan, Turkey, Syria, Algeria.

V last years international terrorism has intensified to the level of a global threat. In Russia, the creation of the National Anti-Terrorist Committee (NAC) is connected with this. This is a collegial body that coordinates the activities of the executive authorities of both the federal and constituent entities of the Russian Federation, local self-government, and also prepares relevant proposals to the President of the Russian Federation. The NAC was formed under the Counter-Terrorism Decree 2006. The chairman of the committee is the director of the FSB of the Russian Federation, General of the Army A. V. Bortnikov. Almost all heads of law enforcement agencies, government departments and chambers of the Russian parliament work under his supervision.

The main tasks of the NAC

Preparation of proposals to the President of the Russian Federation regarding the formation of state. policy and improvement of legislation in the field of combating terrorism.
Coordination of all anti-terrorist activities of the federal executive power, commissions in the constituent entities of the Russian Federation, interaction of these structures with local self-government, public organizations and associations.
Determination of measures to eliminate the causes and conditions conducive to terror, ensuring the protection of objects from potential encroachments.
Participation in the fight against terrorism, preparation of international treaties of the Russian Federation in this area.
Ensuring social protection of people who are already engaged in or involved in the fight against terrorism, social rehabilitation of victims of terrorist attacks.
Solution of other tasks stipulated by the legislation of the Russian Federation.

Terror in the North Caucasus

In recent years, government agencies The authorities have made significant efforts to normalize the situation in the North Caucasus Federal District by implementing measures to counter terrorism. In December 2014, the director of the FSB of the Russian Federation, A. Bortnikov, noted the result of the coordination of preventive and law enforcement operations - there were three times fewer terrorist crimes compared to the same period in 2013: 218 crimes against 78.

However, the tension in the region is still high - both the North Caucasian bandit underground and international terrorism are active, despite the direct participation of all in the fight against it. law enforcement, power structures and special services. Operational and combat measures are taken, terrorist acts are detected, prevented, suppressed, uncovered and investigated. Thus, during 2014, special services and law enforcement agencies managed to prevent 59 crimes of a terrorist nature and eight planned terrorist attacks. Thirty people connected with the bandit underground were persuaded to give up terror.

When Persuasion Fails

To combat terrorism, there is a complex of operational-combat, special, military and many other measures, when military equipment, weapons and special means are used to stop a terrorist act, neutralize militants, ensure the safety of people, institutions and organizations and minimize the consequences of a terrorist attack. Here, the forces and means of the FSB agencies are involved, together with the group being created, the composition of which can be replenished by units of the RF Armed Forces and federal executive bodies in charge of defense, security, internal affairs, civil defense, justice, the Ministry of Emergency Situations and many others.

As a result of such powerful counter-terrorist operations in the North Caucasus in 2014, 233 bandits were neutralized, of which 38 were leaders. 637 members of the gang underground were detained. Seized from illegal circulation 272 explosive devices, many firearms and other means of destruction. In 2014, law enforcement agencies investigating terrorist acts brought 219 criminal cases to court, as a result of which the criminals were punished, including four perpetrators of the terrorist attacks in Volgograd.

Terror and international relations

Cross-border forms of terrorism are the most dangerous form of crime. Modern realities have turned it into a destabilizing factor in the development of international relations. Terrorist attacks on the use of weapons of mass destruction (nuclear weapons) are a serious threat to the existence of all mankind. And due to the overestimated ambitions of its individual members, they cannot even decide on the exact terminology regarding this phenomenon, although in general there has been a certain joint understanding of the main components of this phenomenon.

First of all, terrorism is illegal violence with the use of weapons, the desire to intimidate the public of the world in the widest sections of its population, these are innocent victims. If it affects the interests of more than one country, it naturally contains an international element. The international community does not consider the political orientation to be a feature of international terrorism, strange as it may seem. However, in recent years, when it has become incredibly strong all over the world, the Committee of the UN General Assembly is trying to start working again on a definition relating to international terrorism.

The role of Russia in the world community

The Russian Federation is very consistent on the path of joining efforts in the fight against terror. It has always been for the elimination of barriers - religious, ideological, political and any other - between states that oppose terrorist crimes, because the main thing is the organization of an effective rebuff to all manifestations of terrorism.

As the successor of the USSR, the Russian Federation participates in the existing universal agreements on this struggle. It is from its representatives that all constructive initiatives come, it is they who make the most tangible contribution both to the theoretical development of new agreements and to practical decisions on the creation of a common anti-terrorist international front.

The experience of many foreign states in the fight against terrorism, of course, must be studied, and, having studied, used for the benefit of society. The political leadership of the main countries of the European West and the United States regards countering terrorism as one of the most important national tasks.

The main activities in this area are:

improvement of the legal framework;

strengthening interaction between the relevant federal authorities;

the formation of special units and an increase in the number of employees of federal structures dealing with the problem of terrorism, the improvement of their technical equipment.

The policy of most Western states is based on the following principles: make no concessions to terrorists, exert maximum pressure on countries that support terrorism, make full use of the forces and means at their disposal, including the military, to punish terrorists, provide assistance to other states and interaction with them.

For example, in the United States for the period from 1958 to 1999. More than 40 legal acts were adopted, to one degree or another, related to the strengthening of the fight against terrorism, including a special Presidential Directive (June 1995) and the Law on Strengthening the Fight against Terrorism (1996).

These laws significantly expand the rights federal leadership, law enforcement agencies and state administrations to identify and suppress impending terrorist acts, both in the United States and abroad.

What are the main directions of the fight against terrorism?

First, the rejection of double standards in the assessment and use of terrorism in foreign and domestic state policy. Terrorism cannot be viewed as a form of national liberation movement or religious self-affirmation. Countries that support terrorist organizations and movements should be subject to tough international sanctions, the execution of which could be monitored by the relevant international structures.

Secondly, the identification and establishment of strict control by the world community over the activities of international terrorist networks, their centers and headquarters, training bases and other terrorist structures.

Thirdly, the unification of the entire world community against the ideology of terrorism. Only by joint efforts is it possible to deprive terrorist movements of their ideological foundations, reduce their social base, and reduce the level of support through information-political and social events. This is achieved by identifying and suppressing centers of ideological support and support for terrorist movements, social isolation of terrorist groups, depriving them of internal and external support, and stratification of the terrorist environment.

An effective fight against terrorism at the state, interstate level is possible only if it is joined by civil society, all sections of the public.

Fourth, the control of the world community over international financial flows. The International Convention on the Suppression of the Financing of Terrorists can be used as a legal basis. It opens the possibility of arrests, prosecution of persons involved in the financing of terrorism, preventive measures to identify and eliminate the sources of income of terrorists and restrict the movement of such funds across borders. For example, in 2002 alone in Moscow, 14 commercial banks were identified under the control of private organized groups, including 4 banks providing targeted assistance to the leaders of illegal armed groups in Chechnya.

Fifth, strengthening the coordination of anti-terrorist activities in international level, deepening cooperation with foreign law enforcement agencies engaged in the fight against terrorism, the creation of a single world anti-terrorist center within the UN.

It is necessary to conceptually change the mechanisms for combating terrorism.

Now it is entrusted mainly to the special services, which simultaneously conduct intelligence and counterintelligence activities. The interests of the secret services different countries, and even sometimes within the same country, often do not coincide. The fight against terrorism should become a priority function of all law enforcement agencies and law enforcement agencies. Today, as practice shows, the most effective interaction between the police (militia) of different countries.

Sixth, the development by the Security Council of a Concept for Combating Terrorism that meets modern realities. It should be a system of scientifically substantiated, internationally recognized and enshrined in international legal documents provisions on the fight against terrorism.

During the entire period of its existence, the UN has done a lot to combat terrorism. However, despite the abundance of international legal acts and bodies coordinating the fight against international terrorism in international law Until now, there is no single universal agreement that defines the concept of international terrorism, its legal nature and responsibility. Nor is there an exhaustive list of acts of international terrorism.

Our analysis of international agreements allows us to give the following list of such acts:

a) explosions of the premises of embassies, missions, representative offices or headquarters of international organizations;
b) acts of sabotage on the streets, at airports, railway stations, cultural centers, industrial buildings, premises for commercial and professional activities, related to the destruction or damage to property and causing bodily harm or death to people;
c) intentional use of explosive devices embedded in parcels, parcels, letters and other postal items;
d) any act of sabotage against public buildings;
e) conspiracy to commit acts of international terrorism and complicity in them in any form, etc.

In various sources, acts of international terrorism include: hostage-taking, piracy, acts against the safety of civil aviation, as well as the illegal capture and use of nuclear material. However, due to their special international danger, prevalence and variety of forms of commission, to combat them, states, among other things, adopt special conventions, singling them out as separate crimes of an international character.

In view of the above, I would like to note that a clear conceptual description of terrorism as a socio-legal phenomenon, the definition of its features in the modern world will serve as a guideline in order to clearly define the directions, tasks, legal, organizational and resource aspects of the fight against terrorism in the structure of development and implementation of large-scale activities, taking into account the new volumes of threats and challenges that the global community at the beginning of the third millennium.

Terror, terrorism is not a new phenomenon, but in more than one millennium of its existence, many new forms of terrorism have appeared, and recently society has encountered manifestations of computer and biological terrorism. In connection with the rapid development of scientific and technological progress, the emergence of space terrorism is not ruled out. Terrorism is multifaceted and shows an amazing ability to adapt to changes in the surrounding world. At present, it poses a threat not only to a single state, but to humanity as a whole.

As a rule, the following are the immediate goals that are achieved through terror:

liquidation (physical elimination) of a state, public, political or religious figure who, in the opinion of individuals or groups of people (corporations, organizations, associations and entire states), by his activities interferes with the achievement of their specific goals;

physical or psychological impact on public authorities and administration in order to persuade them to fulfill certain requirements (political, economic, etc.);

disorganization of the normal activities of various bodies and structures, intimidation of the population as a way of proving the failure of the existing government in the state to resist violence, etc.

The vast majority of terrorist acts come from organized formations and are carried out in conditions of serious funding and preliminary preparation. It is these actions that are accompanied by the most serious consequences.

At the beginning of the 21st century, terrorism is unanimously assessed as one of the most dangerous phenomena that threatens international security in the context of its connection with transnational organized crime and requires the most energetic measures to be taken to suppress and eliminate it.

Numerous forums are devoted to terrorism, and a variety of actors strive to fight it, regardless of their profession and competence.

Meanwhile, the success of responding to any undesirable phenomenon is determined by awareness of it: the definition of its content, boundaries, essence; knowledge of its laws, features of determination, causality, sensitivity to various measures taken.

With all the variety of scientific and other publications on terrorism, international legal and state legal documents on the fight against it, we have to state the absence of a clear, uniform understanding of this phenomenon. In international legal documents, legislative acts of states and literature, it is defined extensively, not always unambiguously and, ultimately, vaguely. These definitions are open to different interpretations.

Sometimes acts of terrorism are difficult to distinguish from acts of hooliganism that grossly violate public order, vandalism, murder committed in a generally dangerous way, and other acts. The murder of a statesman or public figure out of revenge for his specific state or other political activity is also difficult to assess from this point of view as a manifestation of terrorism.

Perhaps we are talking about violations of the law in the course of such activities, a gross violation of the rights of people, as a result of which the direct victims subjectively do not find other means to stop the arbitrariness against them. Another thing is such a motivation as influencing the adoption by the authorities of decisions that are beneficial to terrorists.

The analysis can be continued, but the general conclusion is: in this definition, diverse phenomena are united by one term.

Some legal acts define terrorism as a complex social phenomenon, others practically indicate specific acts classified as terrorist, and still others combine these two approaches.

Actions of a terrorist nature can be very diverse, over time they change and are modified. In the law, it is difficult to determine in advance exactly their circle.

When analyzing international legal documents, as well as practice, one has to deal with a wider range of acts of a terrorist nature than is provided for by national legislation, in particular, Russian. We are talking about the illegal seizure of aircraft and other actions directed against the safety of civil aviation, the safety of maritime navigation; illegal acts related to nuclear materials; destruction and various forms of humiliation of part of the population. Including by committing rape, mutilation and turning into a state of extreme need of persons of non-indigenous or other nationality, another religion, as well as in other actions.

From these positions, it is more productive in the law, first of all, to single out terrorism on the basis of its general distinctive characteristic and only then to give a list of various crimes that fall under such a characteristic. The nature, motivation and circumstances of the commission of the latter may differ significantly in different subjects and in different circumstances.

The foregoing provides a basis for a comprehensive professional (and not political or journalistic) discussion of the original concept - what is terrorism after all. The essence of terrorism, its distinctive feature from other highly socially dangerous phenomena, was formulated most clearly by employees of domestic and foreign direct participation in anti-terrorist operations and, as they say, "suffered" situations of terrorism.

Terrorism is the commission of socially dangerous acts in relation to the life, health of people, the rights and legitimate interests of various subjects for the sake of forcing a third party to take the decisions required by terrorists.

Here, firstly, it is essential to state the absence of conflict between the terrorists themselves and their direct victims. Such victims are never to blame for the corresponding behavior of terrorists, they are not even characterized by victim behavior.

The act of terrorism, with this understanding, does not act as a link in the chain of complex relationships between the perpetrators and their direct victims. If, for example, we talk about murder and non-victim behavior of the victim in a specific situation of depriving her of her life, then when studying the relationship between the killer and the victim in a long time interval, one can see that the murder of the herd is the result of the unlawful and even outright criminal behavior of the victim.

Nevertheless, in terrorism, no matter how deep the study into the history of the relationship between terrorists and their direct victims, it will not bring anything new: terrorists, as a rule, do not happen, they are familiar with such victims, and they do nothing, they are to blame for terrorists .

Citizens and organizations, who are not guilty of anything and who are not participants in the relations between terrorists and "third parties", their rights and interests in this case act as "hostages" of making decisions necessary for terrorists.

The above approach provides a moral basis for using the most energetic means to stop specific acts of terrorism and free innocent people, protect their lives, health, rights and legitimate interests. The use of the mentioned means in accordance with the generally accepted approach in law is subject to consideration in the coordinates of the circumstances excluding the criminality of the act - saving, of course, innocent victims, delivering the civilian population from the fear of losing loved ones or other losses.

At the same time, when eliminating an immediate terrorist threat, it is always necessary to analyze the relationship between terrorists and the third party to which they make demands in order to find out the motivation for terrorist acts, understand their causes, conditions, identify the subjects responsible for creating a situation of terrorism and accept appropriate legal action against them. Without this, there can be no effective fight against terrorism.

Interactions between terrorists and a "third party" are often seen as generating moments of criminal behavior, in the creation and aggravation of which terrorists and the "third party", or even predominantly the latter, are to varying degrees to blame. In particular, it can create unbearable conditions for the life of certain segments of the population, in which such layers, groups, and their representatives see no other way out for declaring and defending their rights and legitimate interests. Including the right to life, all the more worthy.

However - and this is important to recognize - attacks on life and other criminal acts against people who are not guilty of the behavior of a third party are always crimes that cannot be justified.

Terrorism is one of the meanest ways to fight. It consists in using the most dangerous forms of violence as a means to an end.

Secondly, the "third party" can be a variety of entities: international institutions, states, political parties, other public associations, the general population of the state or a smaller territory, various state institutions, political or public figures. For example, the intimidation of the population in order to ensure a certain model of its behavior through the use of demonstrative violence against individuals completely falls under the understanding of terrorism that was outlined earlier.

At the same time, it is necessary to distinguish from terrorism such facts of the use of violence within the framework of an armed or other conflict between the two parties, when representatives of one conflicting party cause harm to representatives of the other party actively participating in the conflict. In terrorism, the victims are never involved in the terrorist conflict and the "third party" is usually not even aware of such a conflict.

Thirdly, the subjects of making demands on a third party are mainly not the perpetrators of specific crimes of a terrorist nature, but their organizers. Performers may not be aware of the specific requirements at all and often die in explosions or other terrorist attacks. In extreme cases, they only voice the relevant requirements. The exception, of course, are the rare cases of acts of terrorism committed by individuals.

The organizers of terrorist actions either formulate demands during each terrorist act, or put forward at some one moment, and a series of terrorist acts is regarded as convincing confirmation of the corresponding demands and threats. In such cases, it is simply declared that "responsibility is assumed" by such and such an entity (collective or individual).

Thus, it is important from the standpoint of the designated understanding to include terrorism in Russian legislation as a crime against the peace and security of mankind, with all the ensuing legal consequences, including the non-application of statute of limitations.

This is important in conditions when terrorism has taken on an international character and the number of victims of terrorist acts is so great that it is practically impossible to accurately count. And this is especially important at the present time, when at the turn of the century terrorism began to cover up the actual military aggression of some states against others while veiling the true subjects of such aggression. The blame in such cases is often placed on various public organizations of a religious or other extremist nature, although the leaders of such organizations are trained by the special services of various states and controlled by them. It is necessary to distinguish between true terrorism and quasi-terrorism, which hides other most dangerous crimes against the peace and security of mankind.

It should be agreed that terrorism is a specific method of controlling the behavior of subjects to whom demands are made. This is a special method of violence used, as a rule, in achieving large-scale goals by organized collective subjects.

At the same time, terrorism itself is just a method that happens to be subordinated to the achievement of different goals, generated by various motives. Behind the method, it is important to see the motivation, reasons and other circumstances for its use.

INTRODUCTION

At present, globalization has affected not only positive social processes, but also such a dangerous phenomenon as terrorism. With the acquisition of an international character, terrorism has become dangerous for society on a global scale.

As N. Nazarbayev notes in the book “The Critical Decade”, “the consequence of the globalization of terrorist activity is the formation of special groups of people who are engaged in this on a permanent and professional basis ... It has already become obvious that wide financial opportunities terrorist organizations allow them to replenish their ranks with mercenaries - professionals ... And, of course, to replenish their funds, terrorist organizations seek to subjugate the drug business, racketeering, prostitution, arms trafficking, smuggling, gambling, etc. In particular, a highly profitable area that terrorist organizations seek to control is human trafficking (trafficking of women, sale of children).

Terrorism over the past few decades has become not only a widespread phenomenon of socio-political relations in the main regions of the world. It has acquired social stability, despite the active efforts made both within individual states and at the level of the world community to localize and eradicate it.

The tense situation acquired such a scale at the beginning of the 21st century that international terrorism has become a common subject of study among philosophers, journalists, political scientists, sociologists, psychologists and lawyers, who are constantly arguing about it.

International terrorist acts are committed with the use of violence against many innocent people and the violation of their natural rights. The constant growth of international crimes of a terrorist nature testifies to the ineffectiveness of the existing tools to combat them. The main problem is that the quantitative and qualitative increase in international terrorist acts clearly outstrips the rate of growth in the effectiveness of combating them. Scientific research, training and coordination of the activities of law enforcement agencies, testing of technical and operational-tactical methods of combating international terrorism, the adoption of international, regional and bilateral agreements on combating international terrorism, improving national legislation in the field of combating international terrorism - all this is happening with a delay , according to the principle "first the problem - then the elimination of its consequences." Any active measures to combat international terrorism are taken only after major international terrorist acts. Such a struggle is not only ineffective, but also gives confidence to the organizers of international terrorist acts in their criminal activities.

Thus, the relevance of the topic of the problems of combating international terrorism is determined by the following factors:

the quantitative and qualitative transformation of international terrorism and the magnitude of the directions of its spread;

the use of international terrorism as a cover for the subversive activities of foreign states;

features of the geopolitical position of the Republic of Kazakhstan.

aim term paper is the analysis of topical problems in the international legal cooperation of states in the field of combating international terrorism.

The following tasks are aimed at achieving this goal:

reveal the concept, essence, signs of international terrorism and the legal mechanism for combating it;

analyze legal means and methods of preventing international terrorism;

explore legal ways to identify and suppress the activities of international terrorist organizations in the international arena.

The structure of the course work is determined by the goals and objectives. The work includes an introduction, two sections, a conclusion and a list of references.

1. Qualification of international terrorism

kazakhstan treaty fight terrorism

1.1 Issues of formation and development of the normative prohibition of terrorism

The first international experience in the fight against terrorism was the International Conference on Combating Anarchists, held in November-December 1898 in Rome. The Conference was attended by 21 states, including Russia, France, Great Britain, the USA, and others. The main task of this Conference was to establish a permanent agreement between European governments in the interests of public protection in order to successfully counter anarchist communities and their followers.

At the Conference, the question of the difficulty of defining an anarchist crime was discussed, but the sign of anarchism remained indisputable - the purpose of violating state or social order.

Extradition was recognized as one of the main international means of combating anarchists, since the spread of anarchism is mainly facilitated by the impunity of its leaders, who find refuge in foreign countries Oh. When following anarchists in transit through non-neighboring states, the latter are obliged to escort them to the nearest border point. The final document was signed by the participants on December 21, 1898. General principles the fight against anarchism, enshrined in this document, were advisory in nature. And, apparently, today the tasks solved at the 1898 Conference have remained relevant. In the late 1960s, the world press increasingly reported on hijackings, explosions in embassies, kidnapping of diplomats, provocations and direct attacks on various government and non-government offices, as well as the use of postal services to send plastic letter bombs. In such conditions, the question of combating terrorist acts within the framework of the international community of states sharply arose. In this regard, the Secretary-General of the United Nations, in his note dated September 8, 1972 (A/8791), requested that an item be placed on the agenda of the XXVII session of the UN General Assembly entitled "Measures aimed at preventing terrorism and other forms of violence that threaten the lives of innocent people or lead to their death, or jeopardize fundamental freedoms.

As a result of the work, the Sixth Committee adopted a draft resolution of the General Assembly on this issue. The resolution recognizes the importance of international cooperation in developing measures aimed at effectively preventing such acts and studying their root causes in order to find just and peaceful solutions as soon as possible.

On December 1972, the General Assembly, on the recommendation of the Sixth Committee, adopted resolution 3034 (XXVII), in accordance with paragraph 9 of which the Special Committee on International Terrorism was established. The Committee included Algeria, Hungary, Great Britain, Yemen, the USSR, the USA, Syria, Tunisia, the Ukrainian SSR, the Czech Republic, France, Yugoslavia, Japan and others.

Thus, the term "international terrorism", having first appeared in the pages of the world press, is now enshrined in UN documents.

November 1937 in Geneva was opened for signing the Convention on the Prevention and Punishment of Terrorism, prepared by the Committee of Experts. The Convention stressed that its purpose is "... to increase the effectiveness of measures to prevent and punish terrorism in cases where it is of an international character ...". The Convention has not entered into force. It was signed by Albania, Argentina, Belgium, Bulgaria, Venezuela, Haiti, Greece, Dominican Republic, Egypt, India, Spain, Cuba, Monaco, Netherlands, Norway, Peru, Romania, USSR, Turkey, France, Czechoslovakia, Ecuador, Estonia and Yugoslavia .

The next step in the cooperation of states in the fight against terrorist acts of an international character was the adoption of the following conventions: the Convention for the Suppression of Unlawful Interference in the Activities of Civil Aviation; Convention on Crimes and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963; Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague; Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal. The most important provisions of these conventions are the inevitability of punishment for the actions listed in them, the transfer of the case for criminal prosecution without any exceptions, the extension of the conventions to both government and non-government airlines. However, these conventions have not solved all the problems associated with unlawful interference in the activities of civil aviation. In particular, questions remained open about the prosecution and punishment of persons who commit crimes outside any national territory, about the provision of protection to officials of the airport services.

When characterizing acts of unlawful interference in the activities of civil aviation, it should be borne in mind that acts of violence that began with attempts to seize control of an aircraft in order to use it as a convenient means of transport in order to leave the state, developed into violent actions on international airlines with the aim of hostage-taking or outright destruction of an aircraft by virtue of its registration in a particular state. These actions are accompanied by the death of innocent people, which undermines confidence in air transport, creates a sense of fear and insecurity among the crew of aircraft, passengers, aircraft maintenance personnel and employees of other services and facilities used in civil aviation.

It seems that acts of unlawful interference with the activities of civil aviation, to the extent that they constitute offenses under the above conventions, should be considered as terrorist acts of an international character committed in air transport.

Considering that in the 60-70s of the last century, terrorist acts were especially often committed against diplomatic representatives and missions of states, the International Law Commission, on the basis of UN General Assembly resolution 2780 (XXVI) of December 3, 1971, developed a Draft Convention on the Prevention of Crimes and punishment for crimes against diplomatic agents and other internationally protected persons.

The Convention, adopted on December 14, 1973, specifies the circle of persons enjoying international protection. Based on Art. 1 such persons include: a) the head of state or the head of government located in a foreign state, as well as family members accompanying them; b) any official of a state or international organization who, in accordance with general international law or international agreement, enjoys special protection in connection with the performance or by reason of the performance of functions on behalf of his state or international organization, as well as members of his family who enjoy special protection.

Art. 2 of this Convention defines the range of crimes against internationally protected persons. These crimes include, in particular, the deliberate commission of: a) murder, kidnapping or other attack against the person or freedom of an internationally protected person; b) a violent attack on the official premises, living quarters or means of transport of an internationally protected person, which may endanger the person or freedom of the latter.

The practice of the League of Nations and the United Nations followed the path of developing conventions that separated the terrorist activities of individuals from the policy of terror pursued by states, and provided protection against terrorist acts of an international character by virtue of certain functions of the person or special position of property in respect of which the terrorist act was committed. Under the protection of international law against the commission of terrorist acts of an international nature are currently: crews of aircraft and air lines, both internal and external, by virtue of the conclusion of the Hague and Montreal conventions for the suppression of unlawful interference in the activities of civil aviation; persons and their residential and official premises, in respect of which the host state must provide special protection by virtue of the functions assigned to these persons on behalf of their state or the international (intergovernmental) organization in whose service they are. Such protection is provided on the basis of the Convention on the Privileges and Immunities of the Specialized Agencies of 1947, the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, the Convention on Special Missions of 1969, the Convention on Relations between States and international organizations 1971, Convention for the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents 1973

Terrorist acts can be committed both in peacetime and in war time. In the conditions of an armed conflict, first of all, the Geneva Conventions and the Statute of the Nuremberg Tribunal (Article 6) are in force, prohibiting the commission of terrorist acts against prisoners of war and civilian population, as well as the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, concluded under the auspices of UNESCO in 1954. In addition, the provisions of international law that prohibit and prosecute the commission of these acts can be divided into rules prohibiting these acts on the territory of a state in against its citizens, and rules that, in particular, aim at preventing and punishing terrorist acts of an international character. These acts acquire an international character by virtue of the object and content of the terrorist act.

The UN showed particular activity in creating mechanisms of international legal regulation of the fight against terrorism after the September 11, 2001 terrorist attacks in the United States. Thus, the UN General Assembly considered the issue of these tragic events the very next day after the attack and unanimously adopted a resolution calling for international cooperation in order to prevent and eradicate acts of terrorism and bring to justice the perpetrators, organizers and sponsors of acts of violence. On the same day, the Security Council, in its resolution 1368 (2001), called on the international community to redouble its efforts to prevent and suppress terrorist acts, including by enhancing cooperation and ensuring the full implementation of relevant international anti-terrorism conventions and Security Council resolutions, in particular resolution 1269 (1999).

The most important event in the anti-terrorist cooperation of states was the resumption of the activities of the Special Committee, established in accordance with General Assembly resolution 51/210 of December 17, 1996, with the aim of developing a Comprehensive Convention on International Terrorism.

Thanks to the work of the said Special Committee, on September 28, 2001, the Security Council unanimously adopted Resolution 1373 on combating international terrorism. This document provides for a wide range of specific measures at the national, regional and international levels aimed at combating terrorism. Among them, the following measures are of particular importance: a ban on the financing of terrorist activities; declaring criminal any activity related to the collection of funds on the territory of any state in order to support terrorism; requiring States to put an end to all terrorist recruitment and arming activities; strengthening border control measures to prevent the illegal entry of terrorists; speedy accession of all states to the current international conventions of the United Nations on combating terrorism and their full implementation; exchange of information and cooperation between all states on issues of coordinating the fight against terrorism.

A feature of this resolution of the Security Council is that all the measures indicated in it must be implemented by states (clause 1), which makes the resolution not a recommendation, but a mandatory one.

All the numerous provisions of this Security Council resolution, in our opinion, can serve as a basis for accelerating the development and adoption of the Comprehensive Convention on International Terrorism.

Summing up the consideration of the issue of developing cooperation between states in the fight against international terrorism, we can draw the following conclusions.

The most effective cooperation of states in the fight against international terrorism is carried out at the regional level and within the framework of the United Nations.

The international legal acts adopted by the UN on combating terrorism, firstly, distinguish between the terrorist activities of individuals from the policy of terror pursued by states; secondly, they introduce the principle of "extradite or prosecute", which ensures the inevitability of punishment for terrorism. These acts ensured the protection of international law to aircraft crews, persons in respect of whom the state must provide special protection by virtue of the functions assigned to these persons.

An analysis of the anti-terrorism acts adopted within the framework of the UN gives grounds for the conclusion that, depending on the subject and object of the commission, as well as the degree of social danger, terrorist acts can be classified as:

a) an international crime in case of state terrorism (indirect aggression);

b) a crime of an international nature (the presence of an international element, a significant danger to international relations);

c) a crime of a national nature (the absence of an international element, but a significant social danger for a particular state).

The qualification of a terrorist act determines the form of legal cooperation of states in this area, which can be expressed as:

a) the creation of a body of international jurisdiction;

b) development of a convention mechanism for legal cooperation between states in this area; c) unification.

Some researchers believe that, if we talk about such a phenomenon as modern terrorism, then the countdown can start from 1945. Two terrible events are historically and logically linked - the bombing of Hiroshima and Nagasaki in 1945 and the disaster in New York on September 11, 2001.

Regulatory prohibition and methods of combating terrorism have also been developed in the national law of states.

The most active fight against international terrorism is carried out by the United States after the well-known events of September 11, 2001. The House of Representatives of Congress in October 2001 approved the final version of the bill on combating terrorism, which greatly expands the powers of the US intelligence agencies. One of the key provisions of the bill provides for a simplification of the procedure for law enforcement agencies to obtain court approval to listen in on the conversations of possible extremists and related persons, track their activities on the Internet, and search their homes. In addition, the bill toughens punishment for terrorists and those who provide them with material and other assistance. Given some legislators' concerns about civil liberties, the sanction provision for wiretapping is limited to four years.

The US experience shows the following methods of combating international terrorism:

) open access to financial information of citizens and organizations in banks;

) free exchange of data between different departments;

) expanding the powers of federal authorities and intelligence organizations in the fight against money laundering; expanding the powers of the Treasury Department in regulating the reporting of US banking institutions.

In addition, a ban has been introduced on the entry into the United States of persons who, according to the ministries of justice of the CIS countries, are involved in the laundering of "dirty" money.

Despite the fact that the Republic of Kazakhstan is a politically stable state, it is necessary to pay Special attention foreign and international experience in combating international terrorism. Lack of own experience entails unpreparedness for sudden international terrorist acts due to their unpredictability. In addition, law enforcement agencies need knowledge of the world experience in preventing international terrorism, since the prevention of socially dangerous phenomena must be carried out when there is still no potential danger. This is also due to the fact that the prevention of international terrorism lies in the solution of socio-economic problems in the state, the correct course of foreign and domestic policy, the consensual solution of interstate, interethnic and religious problems. To do this, it is necessary to use the practice of combating international terrorism in other countries, and, therefore, to possess information, systematize, analyze and adapt to the conditions of Kazakhstan.

For these purposes, the National Security Committee, the Prosecutor General's Office, the Ministry of Internal Affairs and the Ministry of Foreign Affairs, in order to coordinate actions to combat terrorism at the domestic and interstate levels, have formed single bank data on terrorism and other manifestations of extremism and separatism on the basis of the relevant interagency regulatory act. The exchange of such information at the interstate level, as well as direct cooperation in the main areas of operational and service activities in the fight against terrorism, is carried out on the basis of international obligations.

World experience in the fight against international terrorism has determined the paramount importance of the fight against the financing of terrorism and organized crime, which have determined the main areas of activity of the law enforcement agencies of the Republic of Kazakhstan.

An analysis of the reports of the KNB, the Ministry of Internal Affairs, the Ministry of Foreign Affairs and the Prosecutor General's Office on the results of the fight against terrorism in the Republic of Kazakhstan showed that these bodies do not actually use foreign experience in combating international terrorism for Kazakhstan, treating it as unsuitable for the political security of the country. But if only 2 cases of people transiting in preparation for terrorist activities were revealed in Kazakhstan, this does not mean that there were no other cases, and they will not happen in the future.

The transit potential of Kazakhstan, along with its proximity to Uzbekistan, Tajikistan, Kyrgyzstan, Russia, simply does not allow us to accept 2 cases of transit of terrorists for recruitment as the only ones. This, on the contrary, indicates the low quality of the work of the Kazakh special services, from which attention should also be paid to the problems of the functioning of special services, for example, the United States and England. Many "hidden" problems in this way are also in the sphere of transit of financial flows for the financing of terrorism through Kazakhstan.

It seems that it is necessary to more actively adapt information about the world experience in combating international terrorism within the framework of the created data bank under the KNB, the Ministry of Foreign Affairs, the Ministry of Internal Affairs and the Prosecutor General's Office to the conditions of Kazakhstan, paying special attention to foreign experience in the legislative and practical prevention of international terrorism.

1.2 Legal definition of terrorism

An analysis of recent terrorist attacks shows that the demands put forward by terrorists are wide range aspirations, ranging from attempts to obtain a certain sum of money or the release of like-minded people or members of criminal groups who are imprisoned, and ending with encroachments on changing the existing system, violating the integrity of the state or the sovereignty of the state. Not only human victims, but also individual elements of the constitutional order of a state or even a group of states act as an object of terrorists: the order of government, political structure, public institutions, the economic power of the state, etc.

The lack of a generally accepted definition of the term "international terrorism" was pointed out by the UN Committee on Crime Prevention and Combating It at its XI session in 1990. Thus, the Report of the UN Secretary-General stated: " International terrorism can be characterized as acts of terrorism in which the perpetrators (or the perpetrator) while planning their actions receive guidance, travel from other countries, flee or seek asylum, or receive assistance in any form in a country or countries other than those in which they are committed. actions" .

In the adopted recommendations to states, the Committee noted that, since the first study of international terrorism conducted by the UN, the international community could not reach agreement on the content of the term "international terrorism". At the same time, the Committee noted that the adoption of a specific definition of international terrorism is of dubious value for the fight against it.

One can hardly agree with such an approach of the UN Committee on Crime Prevention and Combating It regarding the definition of international terrorism. Without a clear definition at the universal level of this type of international crime, it is difficult and even impossible to finally develop and adopt the Comprehensive Convention for the Suppression of International Terrorism, work on which has been going on since 1998. terrorism, hinder the adoption of this convention.

On July 1, 2002, the Rome Statute of the International Criminal Court entered into force. Thus, the permanent body of international justice for criminal cases on international crimes, the idea of the need to establish which in the world community arose at the beginning of the 20th century, has become a reality. However, among the crimes falling under the jurisdiction of this Court, there is no international terrorism, which in modern conditions, when this act has become a real threat to all mankind, does not seem justified. The Republic of Kazakhstan, like many countries, has not ratified the Rome Statute of the International Criminal Court.

For the first time, the question of attributing international terrorism to international crimes under the jurisdiction of the International Criminal Court arose in the mid-1930s. 20th century This was preceded by major terrorist attacks. So, on October 4, 1934, in Marseilles, during an official visit to France, King Alexander of Yugoslavia was killed by a bomb explosion. A mortal wound was also inflicted on French Foreign Minister L. Bart. The killer fled to Italy, which refused to extradite the perpetrator, arguing that, according to the provisions of the current international law on political asylum, persons who committed a criminal act for political reasons are not subject to extradition. In response to these developments, France proposed the development of a draft International Criminal Code condemning terrorism as an international crime and the establishment of an International Criminal Court to punish terrorists within the framework of the League of Nations. A committee specially created by the League of Nations prepared a draft of the relevant convention. However, when discussing the draft at the governmental level, opposition of a number of states to the proposal to establish the International Criminal Court emerged. It was opposed, in particular, by the Netherlands, citing their country's long tradition in the field of political asylum. Subsequently, two conventions were proposed for discussion: on terrorism and on the International Criminal Court. On May 31, 1938, 19 states signed the Convention on Terrorism. 13 states, including the USSR, have signed the Convention on the International Criminal Court. However, neither convention has entered into force. Only one country - India - has ratified the first of them. The Convention on the Establishment of the International Criminal Court has not been ratified by any state, including Kazakhstan.

If the states parties to the Rome Statute decide to take cases of international terrorism under the jurisdiction of the International Criminal Court, then the Rome Statute will then need to be amended to establish a list of acts constituting acts of terrorism. The Court, in a preliminary ruling, will have to determine whether these actions threaten international peace and security. After the adoption of such a decision, the Security Council, just as in the case of aggression, will have to be given the authority to take measures to maintain international peace and security.

If such a state of affairs existed, for example, during the events that occurred on September 11, 2001 in New York and Washington, then the International Criminal Court, having decided that the terrorist acts committed contained signs of international terrorism, and having documented the involvement in these acts of Al-Qaeda, would begin the process of investigating these acts, and the Security Council could authorize a counter-terrorist operation in Afghanistan.

Some lawyers, proceeding from the fact that terrorism is primarily an international phenomenon, in the analysis and qualification of which each state relies on its own interests (economic, geopolitical, military, etc.), are rather skeptical about the prospect of unanimity of the world community regarding a clear and comprehensive definitions of terrorism. So, in particular, V.E. Petrishchev notes in this regard that “one can, of course, imagine a utopian situation in which the supreme authorities of all states decide to jointly fight international terrorism, relying on certain universal values. However, we know from the lesson of our recent history. V real life statesmen, who care for the well-being of their own country and their people, form a policy, starting precisely from national interests. At the same time, the methods of its practical implementation outside can take the most cynical forms.

In international legal terms, the concept of terrorist activity was first defined in the Convention on the Prevention and Punishment of Acts of Terrorism, adopted by the Assembly of the League of Nations on November 16, 1937. In accordance with this Convention, the participating States assumed the obligation to refrain from any action aimed at terrorist activities directed against another state, and hinder the actions in which these activities are expressed. The participating States also committed themselves to preventing and suppressing the following types of criminal activities directed against the State and having the purpose or ability to terrorize certain persons, groups of persons or the public, which constitute an act of terrorism within the meaning of the Convention:

.Intentional acts against life, bodily integrity, health and liberty:

heads of state, persons enjoying the prerogatives of the state, their hereditary or appointed successors;

spouses of the persons named above;

persons vested with public functions or duties, when the specified action was performed by virtue of the functions or duties of these persons.

Intentional acts consisting in the destruction or damage to public property or property intended for public use owned or administered by another State Party.

Intentional action capable of endangering human lives by creating a common danger.

.Attempt to commit violations provided for in the provisions of the Convention. In particular, the fact of manufacturing, obtaining, storing or supplying weapons, explosives or harmful substances in order to carry out a criminal offense in any country was recognized as criminal.

Thus, the International Convention of the League of Nations on the Prevention and Punishment of Acts of Terrorism of 1937 codifies an important sphere of regulatory influence of international law in the struggle of the world community against the international crime of terrorism.

The development of the multidimensional topic of international terrorism by the practice of international law intensified in the 70-80s of the XX century, when a total of 19 international conventions were prepared.

The concept of terrorism is officially practiced today in forty-five normative legal acts of the domestic law of Kazakhstan and international treaties with the participation of the Republic of Kazakhstan. The Law of the Republic of Kazakhstan dated July 13, 1999 "On Combating Terrorism" defines international terrorist activities:

“International terrorist activity is terrorist activity: carried out by a terrorist or a terrorist organization on the territory of more than one state or damaging the interests of more than one state; citizens of one state in relation to citizens of another state or on the territory of another state; in the case where both the terrorist and the victim of terrorism are citizens of the same state or different states, but the crime was committed outside the territories of these states”.

It can be seen from the definition that the recognition of terrorism as international depends on the presence of a foreign entity in terrorist activities or its interests. For international criminal law, it is important to note that since terrorism in general is an intentional crime, the intent of a terrorist or terrorist organization to use a foreign element is, in our view, mandatory.

The most successful, in our opinion, is the definition of terrorism in the UK Anti-Terrorism Act of February 19, 2001: “Terrorism is actions taken for political, religious and ideological reasons or the threat of actions that are associated with violence against a person and danger to personal life, risk to public health or safety, damage to property, interference with or disruption of electronic systems and which is intended to influence the government or intimidate the public.

This definition contains:

the main motives for terrorist acts (political, religious and ideological), which makes it possible to avoid an excessively wide consolidation of the range of terrorist crimes;

methods of committing terrorist acts (use of violence or the threat of its use);

objects of terrorist actions (a person, his life, health and safety of the population, property, electronic systems);

goals of terrorist actions (impact on the government, intimidation of the population).

Such a well-coordinated system of defining terrorism, in our opinion, can be taken as a basis for defining international terrorism and further research. There is only one comment regarding the goal in the definition: the goal of influencing public authorities, since not in all countries the executive branch has such extensive powers as in England. In some part, international terrorism borders on the concept of "aggression". Thus, there is a point of view that "international terrorism can be defined as an act of violence or a campaign of violence carried out outside the recognized rules and procedures of international diplomacy and war."

In our opinion, international terrorism is not aggression, but it is often used as a means of aggression by states. Moreover, aggressor states use international terrorism secretly, often officially even being on friendly terms with their opponent.

If the subject of international terrorism is necessarily a terrorist - an individual or, more often, a terrorist organization, then states are necessarily the subjects of aggression. Thus, the UN Resolution of December 14, 1974 states that "aggression is the use of armed force by a state against the sovereignty, territorial integrity and political independence of another state or in any other way inconsistent with the UN Charter, as established in this definition". It is clear from the definition that international terrorism can be precisely the armed force that one state uses against another in aggression.

For quite a long time, legal science and the legal practice of states have been trying to develop a uniform doctrinal understanding of the crime of international terrorism. The development of such an understanding of the essence of this crime is necessary to increase the effectiveness of the fight against it, in the suppression and elimination of which the entire international community is interested.

Despite a significant number of universal and regional international treaties on the issues of combating international terrorism, the generally recognized concept of "international terrorism" based on strict criteria for identifying and systematizing events has not yet been developed.

The term "international terrorism" is now firmly established both in scientific use and in journalism, in the statements of political figures, etc. However, despite the fact that practically all political negotiations include the question of countering international terrorism, there is no generally accepted interpretation of this concept.

In legal and other scientific literature many definitions of international terrorism are proposed.

So, M.I. Lazarev believes that international terrorism is the use by certain individuals of violence associated with an international element, in order to intimidate their opponents and force them to act or remain inactive in the direction necessary for terrorists. The international element means "any involvement of violence in a foreign state, or the existence of goals or international means used in this". According to I.P. Safiullina defines international terrorism as the organization, facilitation, financing or encouragement of acts against another state or connivance in the commission of such acts that are directed against persons or property and which by their nature are intended to cause fear among statesmen, groups of persons or the population as a whole. to achieve the set political goals. E.G. Lyakhov believes that international terrorism is:

) illegal and deliberate commission by a person (group of persons) on the territory of a state of a violent act against foreign state or international bodies or institutions and (or) their personnel, means of international transport and communications, other foreign or international facilities;

) organized or encouraged by a foreign state on the territory of this state illegal and deliberate commission by a person (group of persons) of violent acts against national state bodies or public institutions, national, political and public figures, the population or other objects in order to change the state or social system, provocation international conflicts and wars.

Considering terrorism as an international crime, I.I. Karpets gives the following definition: “Terrorism is an international or domestic, but international (that is, covering two or more states) organizational and other activities aimed at creating special organizations and groups to commit murders and attempted murders, inflict bodily harm, the use of violence and the capture of people as hostages for the purpose of obtaining a ransom, the forcible deprivation of a person of freedom, associated with mockery of a person, the use of torture, blackmail, etc.; terrorism may be accompanied by the destruction and looting of buildings, dwellings and other objects. As can be seen from the above quotation, such a definition of terrorism clearly does not fit into the framework of the modern understanding of international and even domestic terrorism, since it is based on a list of already existing independent crimes, the essential ultimatum feature of terrorism itself is not singled out, the distinction between "international" and " domestic but international in nature” terrorism. Like any phenomenon, terrorism can be classified by goals, by means of implementation, by level of generality, by region, and so on. V.P. Torukalo and A.M. Borodin cites the following classification of terrorism: “Firstly, terrorism can be divided into international and domestic (not going beyond one country). Secondly, terrorism is divided into non-state, which is the activity of various groups, and state, in which violence is aimed at intimidating the population in order to preserve the existing order.

Thirdly, terrorism can be subdivided depending on the grouping's focus on ultra-left or ultra-right political terrorism, religious terrorism, and ethnic or nationalist terrorism. Fourth, terrorism can be subdivided, depending on the type of crime committed, into hostage-taking, hijacking, political assassinations, bombings, and other acts. In addition, in recent years, concern has been raised by the possibility of nuclear and chemical terrorism, that is, terrorism using nuclear or chemical weapons, as well as terrorism directed against nuclear or chemical facilities, as well as energy systems. And finally, terrorism carried out with the help of states that support international terrorism is singled out as an independent type of terrorism.

From a local phenomenon, which terror was at the beginning of the 20th century, it has become global. The preparation of a terrorist act, the mechanism for its implementation, the amount of funding, the depth and degree of impact on society - everything has become more ambitious. This is facilitated by the globalization of the world economy, the development of communications, and the improvement of information technologies. Modern international terrorism is often presented as a special type of war: “This war ... will be a struggle between the haves and have-nots, between those communities and younger generations who feel politically and economically disadvantaged on the one hand, and those who, benefiting from the existing status- quo, defends its traditions, principles and conveniences - on the other ... The tension that gives rise to terrorists in the countries of the "third world", and not only in the Middle East, is spurred on by the information revolution, which encourages the disadvantaged to increasingly rebel against their unequal position.

In our opinion, international terrorism is terrorism with a foreign element, the legal consequences of which are the emergence of interstate relations over it, due to the fact that:

) the terrorist act is committed outside the state of which the terrorists are citizens;

) the terrorist act is directed against foreigners, internationally protected persons, their property and vehicles;

) the terrorist act is directed against international and foreign organizations;

) the preparation of a terrorist act is carried out in one state and carried out in another;

) having committed a terrorist act in one state, the terrorist takes refuge in another.

For terrorism of an international nature, the individuals who committed it are liable under the national legislation of the country and on the basis of international agreements of the states whose interests are affected as a result of the commission of such a terrorist act.

At present, it is relevant to attribute international terrorism to international crimes, and not to crimes of an international nature, due to the fact that it encroaches on the peace and security of mankind.

International terrorism as a crime against peace and security is recognized by many researchers.

Thus, international terrorism is an internationally wrongful act, which is violence or the threat of its use, infringing on fundamental international legal principles, the international legal order, committed against states, other subjects of international law, individuals and legal entities with the aim of coercing these subjects to perform certain actions or refrain from them.

In order to recognize international terrorism as an international crime, it is necessary to adopt the General Convention for the Suppression of International Terrorism and introduce appropriate changes to the Rome Statute of the International Criminal Court.

2. Participation of the Republic of Kazakhstan in international cooperation in the fight against international terrorism

1 Significance of international treaties in the field of combating international terrorism

On many issues of terrorism - both as a phenomenon and as an international crime - unity has been achieved, which is very important due to the danger that terrorism poses to human society.

The modern system of multilateral cooperation in the fight against terrorism as a whole has developed mainly over the past half century under the auspices of the UN. It is based on thirteen universal conventions and protocols relating to the fight against various manifestations of terrorism:

Convention on Offenses and Certain Other Acts Committed on Board Aircraft (Tokyo, September 14, 1963).

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, 23 September 1971).

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (New York, December 14, 1973).

Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International civil aviation supplementing the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, February 24, 1988).

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome, 10 March 1988).

Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (Rome, 10 March 1988).

Labeling Convention for Plastic explosives for the purpose of their discovery (Montreal, March 1, 1991).

International Convention for the Suppression of the Financing of Terrorism (New York, December 9, 1999).

International Convention for the Suppression of Acts of Nuclear Terrorism (New York, April 13, 2005).

These multilateral agreements are direct legal acts regulating the fight against the international form of terrorism. These international legal acts do not apply if terrorism is committed within the limits and in violation of the interests of one state and does not give rise to international relations.

Currently, the Republic of Kazakhstan has acceded to 12 out of 13 conventions and protocols related to terrorism. Accession to such kind of documents requires revision of the legislation of the Republic of Kazakhstan concerning the issue regulated in the international act, analysis of possible situations on this issue in case of joining the international act from the standpoint of the interests of Kazakhstan. Therefore, the process of accession to international conventions is carried out gradually, but still at a faster pace than in other post-Soviet states.

Let's analyze the main norms of international agreements and conventions in the field of combating international terrorism, to which Kazakhstan has joined.

Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraft. The scope of this convention extends to:

Criminal offenses;

Other actions that actually or potentially threaten the safety of the aircraft or persons or property on board;

In accordance with the provisions of the Convention, the aircraft commander has the right to apply to a person who has committed or is preparing to commit the above acts, “reasonable measures, including coercion”, necessary to protect the safety of the aircraft, or persons and property on it. At the same time, he has the right to apply with a request for assistance on this issue to other crew members or with a request for assistance to passengers. Article 10 of the Convention provides for a mechanism to protect those involved in the application of measures against such an intruder, as well as the owners of the aircraft in the event of legal proceedings caused by the appeal of the person against whom such measures were taken.

The Convention (Article 11) for the first time enshrined the obligation of states to take all appropriate measures to restore or maintain control over an aircraft by its lawful commander in the event of unlawful, forcible interference by someone in the exercise of control over an aircraft in flight.

According to the commented convention, its state-participants must allow the landing on their territory of any person suspected of committing or having committed violations under the Convention. In addition, the authorities of the State of landing are required to promptly investigate the circumstances of the case, to inform other States concerned of the results, as well as of their intention to exercise jurisdiction.

The provisions of the Tokyo Convention were supplemented by subsequent agreements - the Hague Convention for the Suppression of Unlawful Seizure of Aircraft and the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, which to a certain extent develop cooperation between states in the fight against crimes affecting the interests of more than one state .

The states parties to the Hague Convention have committed themselves to apply harsh penalties to criminals who commit the forcible seizure of this vessel on board a flying aircraft, or the forcible establishment of control over the vessel, as well as their accomplices.

The Convention also applies if the perpetrator is in the territory of a state other than the state of registration of the aircraft. The principle of universal jurisdiction underlying the Convention obliges States parties to extradite criminals or try them.

Many of the provisions of the Hague Convention were subsequently used for the corresponding rules in other international agreements on combating international terrorism, for example, provisions relating to the suppression of the actions of criminals, information exchange, mutual criminal procedure assistance, etc.

The Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation criminalizes the following acts:

an act of violence against a person on board an aircraft in flight if such an act is likely to endanger the safety of that aircraft;

destruction of an aircraft in service, or causing damage to this aircraft, which puts it out of action and may threaten its safety in flight;

placement or actions leading to the placement on an aircraft in operation of a device or substance that can destroy it or cause damage to it, threatening, among other things, its safety in flight;

destruction or damage of air navigation equipment or interference with its operation, if such an act may endanger flight safety;

communication of deliberately false information that poses a threat to the safety of an aircraft in flight.

An attempt to commit any of these actions or complicity in their commission is also equated to a crime. States parties to the Convention undertake to apply severe penalties to perpetrators of such crimes.

The Convention provides for ensuring the inevitability of punishment. To this end, it establishes universal jurisdiction and obliges the participating States to either extradite the offender or hand him over to the competent authorities for the purposes of criminal prosecution.

Both of these conventions, complementing each other, constitute the international legal basis for the interaction of states in order to prevent the commission of crimes in the field of international civil aviation, as well as the inevitability of punishment if such a crime is nevertheless committed.

However, the formation of the legal basis for cooperation in this area was completed only in 1988 with the adoption of the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, which supplemented the Montreal Convention of 1971. Thus, the foundations for international legal cooperation of various countries to protect airports from international terrorist attacks.

The offenses referred to must be subject to the jurisdiction of a State party to the Montreal Convention when the offender is in its territory and it does not extradite him.

These documents are intended to ensure the cooperation of various countries in such a way and in such forms as to guarantee the safety of one of the fastest means of transport used in international traffic from terrorist attacks.

2.2 Cooperation of the Republic of Kazakhstan with international organizations on combating international terrorism

The Republic of Kazakhstan accepts Active participation in international organizations. The development of the foreign policy activity of the Republic of Kazakhstan at the international level within the framework of international organizations began in 1992, when Kazakhstan joined the UN. This organization was rightly considered not only as a center for coordinating joint actions of states, but also as an important source of knowledge in the matter of modernization and state building.

The cooperation of the UN with its partners in the maintenance of international peace and security is governed by the clearly defined provisions of Chapter VIII of the UN Charter. The main responsibility for this lies with the UN Security Council. It is he who must authorize any action to ensure peace, including those undertaken by regional mechanisms. The UN and its specialized agencies in the humanitarian and socio-economic sectors are called upon to play a leading coordinating role in eradicating the breeding ground for conflicts, their prevention, and post-conflict reconstruction.

The global system of countering terrorism itself should be based on a solid foundation of international law with the UN coordinating role, taking into account the powers and main responsibility of its Security Council in the field of maintaining international peace and security.

The key role of the UN in the fight against terrorism is determined by many factors: the very position of the UN and its authority, known for its accumulated experience, including in the fight against terrorism. It is possible to increase the effectiveness of the fight against international terrorism only if, through the UN system, the common political will and unity of approaches to the problem of all states of the world are preserved.

A phenomenon of recent years is the activity of the UN Security Council in confronting the terrorist threat.

Resolution 1269, in fact, opened new page in the history of the UN Security Council, became the prologue of its systemic work to counter the terrorist threat. The major milestones along this path are resolutions 1373 (2001) and 1566 (2004). The first of them will go down in history, if only because it qualified acts of terrorism as a threat to international peace and security and thereby transferred anti-terrorist cooperation under Chapter VII of the UN Charter, binding on all states.

The involvement of the Security Council in anti-terrorism has strengthened the role of the UN as a whole in this area.

With the establishment by the Council of the Counter-Terrorism Committee (CTC), a mechanism for global monitoring of the observance by the UN member states of their obligations under the basic 12 anti-terrorist conventions was created.

Other monitoring mechanisms of the Security Council in the antiterrorist direction are also being formed. For example, the Committee, acting on the basis of Security Council Resolution 1267, is responsible for enforcing the sanctions regime based on the list it draws up of members of Al-Qaeda and the Taliban, as well as individuals and legal entities involved in their activities, and other structures. The main task of the Committee, established by resolution 1540, is to prevent weapons of mass destruction from falling into the hands of so-called non-state actors, primarily terrorists and other criminal elements.

The anti-terrorist resolutions of the Security Council, the activities of the CTC and its other monitoring mechanisms have largely contributed to the improvement of the convention norms and their implementation by the majority of states.

This was especially evident in the area of combating the financing of terrorism, where, in cooperation with the FAFT and the Group of Counter-Terrorism Actions, functioning under the auspices of the G8, it was possible to build on the basic parameters of the relevant 1999 UN convention and form a capable international system cutting off the financial support of terrorism.

Under the auspices of the CTC, in cooperation with the relevant structures of the G8, regional organizations (primarily such as the OSCE, the CIS, the OAS, the EU, the Council of Europe), a new direction has taken shape - assisting countries in need in building up their anti-terrorist potential, pulling those lagging behind into high orbits interaction in the fight against terrorism, the main parameters of which are set by the antiterrorist coalition of states.

The Republic of Kazakhstan is actively interacting with other countries within the framework of the UN. Through the submission of national reports to the Counter-Terrorism Committee of the UN Security Council on the anti-terrorist activities carried out in Kazakhstan in the framework of the implementation of UN Security Council Resolution No. 1373 (2001), information is exchanged on the conduct of the fight against terrorism in other states. In accordance with the Decree of the Government of the Republic of Kazakhstan "On Measures to Implement UN Security Council Resolution No. 1373 dated September 28, 2001" dated December 15, 2001 No. 1644, state bodies of the Republic of Kazakhstan were instructed to adopt necessary measures to counter and prevent terrorism. After the adoption of this resolution and taking into account many provisions of the Guidelines of the UN Security Council Committee on Combating Terrorism, the Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Combating Terrorism” was adopted, including the Law “On Combating Terrorism” » and the Criminal Code, which provide for increased liability and punishment for the creation, leadership and participation in terrorist organizations.

The UN Security Council annually provides the Republic of Kazakhstan with lists of international terrorist organizations, international terrorists and data on individuals and legal entities through whose accounts in second-tier banks financing of international terrorism can be carried out. In turn, the Permanent Representative of Kazakhstan to the UN in the annual report to the Counter-Terrorism Committee of the UN Security Council reports on the results of verification of the submitted lists.

Kazakhstan also takes a proactive position in relation to the UN, calling on the organization to take more active steps in the fight against international terrorism. This is especially necessary in the terrorist hotspots of Central Asia, where the UN is not in key positions. We adhere to the opinion of M.S. Ashimbaev, who believes "that in the next 5-6 years the role of the UN and other international organizations providing security will be somewhat revised."

The Republic of Kazakhstan often represents in the UN the interests of such regional organizations as the Collective Security Treaty Organization, the SCO, the CIS, making presentations in the field of combating international terrorism and security in Central Asia at meetings and general debates of the UN Security Council on this issue. In such speeches, the Republic of Kazakhstan often assumes responsibility for the support of a regional organization of certain actions of the Counter-Terrorism Committee of the UN Security Council, makes proposals in the field of combating terrorism on behalf of regional organizations. Subsequently, the Republic of Kazakhstan pursues an appropriate policy in regional organizations for the purpose of implementing the recommendations of the UN Security Council entrusted to Kazakhstan at such meetings.

The NCBI of the RK is a kind of “connecting” mechanism and body of this organization in the country that is a member of Interpol, since the establishment of the organization itself and its full development, in practice proves that it is a necessary element of the entire Interpol system, its integral part. After all, it is through its National Bureau that any Interpol member state can “connect” law enforcement agencies directly with the General Secretariat of the organization in terms of exchanging the necessary information, as well as with law enforcement agencies and national bureaus of other Interpol member countries. Thus, the national bureau of Interpol provides national law enforcement and police agencies with a real opportunity to actively cooperate in the common cause of combating transnational crime. Established in 1993, the NCBI of the Republic of Kazakhstan (NCBI RK) in fact proves that it is a necessary element in the national system of law enforcement agencies of the republic and its role in the fight against crime is very large.

It can be said with confidence that the entry of the Republic of Kazakhstan into Interpol and the creation of the National Center for Biological Research of the Republic of Kazakhstan allowed our republic to carry out the bulk of cooperation and interaction between the law enforcement agencies of Kazakhstan and foreign colleagues within this authoritative international organization.

There was a real opportunity to send requests through the Bureau, to establish the location of certain persons, to receive copies of various required documents etc. To date, the National Central Bureau of Interpol in the Republic of Kazakhstan maintains business contacts with law enforcement agencies of 47 states, trying to increase the efficiency of its work through mutually beneficial exchange.

The NCBI of the Republic of Kazakhstan, being a structural subdivision of the Ministry of Internal Affairs of the Republic of Kazakhstan, is designed to ensure international interaction between the departments of the bodies of the Ministry of Internal Affairs with similar bodies of the Interpol member states in the fight against crime, in compliance with national legislation, norms and principles of international law and generally accepted human rights and freedoms. In general, the NCBI in the Republic of Kazakhstan is guided in its activities by the laws and other regulatory legal acts of the Republic of Kazakhstan, international treaties to which Kazakhstan is a party, the Charter and other regulatory acts of the Ministry of Internal Affairs of the Republic of Kazakhstan and the Regulations on the National Central Bureau of Interpol in the Republic of Kazakhstan.

An analysis of the terrorist acts committed in recent years shows the trends of active politicization. It is impossible not to notice the fact that today, due to the adoption of incorrect managerial, and sometimes political decisions on socio-economic and other issues directly related to the life of a state, there is a process of "merger" of terrorists, carried out under the slogan of national liberation. movement for political purposes. If earlier political terrorists were in no way classified as criminals, today political terrorism is completely merged with criminality.

The practice of the work of the CIS countries (including Kazakhstan) with the states that are members of the Interpol system has shown that universal and regional agreements in themselves do not provide a comprehensive and effective fight against international crime. One of the main reasons for this situation is the absence in the legal systems of states of uniform norms for the prevention and suppression of organized transnational crime. The main means of their implementation are international treaties. Here we are talking about the unification of the legal systems of the states that are part of the single system of Interpol, on the issues of combating international crime.

Priority in the OSCE is given to cooperation with Kazakhstan.

The Republic of Kazakhstan has been a member of the OSCE since January 1992. Joining this organization was caused by the desire of Kazakhstan to actively participate in pan-European processes that allow developing and putting into practice the principles laid down in the Helsinki Final Act of 1975 and other documents of the organization. In January 1999, the OSCE Center was opened in Almaty.

NATO can play the most important role in ensuring the strategy of combating international terrorism, but not only as a shock military force, but taking into account the currently updated strategy of the North Atlantic Alliance, with the likely creation of the so-called "specialized anti-terrorist capabilities" of the alliance.

The development of interstate cooperation will be facilitated by the creation within the Bureau for the Coordination of Combating Organized Crime and Other dangerous species crimes on the territory of the member states of the Commonwealth of Independent States of the structural unit for coordinating the fight against illicit trafficking in drugs and precursors and its regional operational group in the Central Asian region.

CONCLUSION

In conclusion, here are the conclusions and suggestions on the topic of the work:

The study made it possible to formulate a definition of international terrorism from the standpoint of international law: International terrorism is an internationally wrongful act, which is violence or a threat of its use, infringing on fundamental international legal principles, international legal order, committed against states, other subjects of international law, individuals and legal entities with the aim of forcing these subjects to commit certain actions or refrain from them.

An international terrorist association is a stable and cohesive organization that exists in various forms (groups, gangs and formations), openly or secretly created for the purpose of carrying out international terrorist activities, having structural subdivisions on the territory of several countries, a hierarchy of subordination and financing of targets.

In order to improve the fight against international terrorist organizations, create a system of international data banks on financial organizations, their clients and on the global system of control over the movement of funds.

Any humiliation of Islam, even militant, leads to an even greater increase in its supporters. The results of our study showed that the less the media disseminates about Islam during a particular terrorist act, the more people notice the real targets of the terrorists. It is necessary to support the religion of Islam where it exists, to propagate true non-militant Islam, to explain its true canons, to monitor the quality of training of spiritual servants in institutes and seminaries at the level of the ministries of education and culture.

The KNB, the Ministry of Internal Affairs, the Ministry of Foreign Affairs and the Prosecutor General's Office do not actually use foreign experience in the fight against international terrorism. It is necessary to more actively adapt information about the world experience in combating international terrorism within the framework of the created data bank under the KNB, the Ministry of Foreign Affairs, the Ministry of Internal Affairs and the Prosecutor General's Office to the conditions of Kazakhstan, paying particular attention to foreign experience in the legislative and practical prevention of international terrorism.

In order to strengthen the fight against terrorism, it is proposed to expand the obligation of citizens of the Republic of Kazakhstan to report information about a terrorist act not only to the competent authorities, but also to any other state bodies. This will ensure the promptness of the report and avoid any confusion on the part of the reporter about the definition of the bodies directly involved in the fight against terrorism.

In cases where an ultimatum is put forward by terrorists, the proposal to terrorists to negotiate should be mandatory, and not permissible, in order to preserve the life and health of people, material values, and also to study the possibility of suppressing a terrorist act. In addition, it seems doubtful to eliminate terrorists without negotiations and warning when a clear threat to material values is detected. In this case, due to the fact that material objects are not supreme value in a state, a warning, in our opinion, is at least necessary.

For the material support of the fight against terrorism, it is necessary to create a Specialized Center for identifying and cutting off sources of financing for terrorist organizations, including international ones, like the Financial Security Committee under the Ministry of Economy and Finance in Italy or the Terrorist Assets Tracking Center under the US Treasury Department. Under the Center, it is necessary to create the Kazakhstan State Fund for Combating Terrorism and Extremism and send to this fund the funds confiscated under articles falling under terrorist and extremist. The funds of the Fund should be directed to the fight against terrorism and extremism.

The CIS has not yet developed an effective antiterrorist legal framework. The international legal regulation of the fight against terrorism within the framework of the CIS is designed to develop procedural ways to implement responsibility for this crime. This task is currently being solved mainly within the framework of the national legislation of the Commonwealth states, which also limits the legal possibilities of fighting within the CIS as a whole.

The legal regulation of anti-terrorist cooperation among the Commonwealth states has not created the prerequisites for the complete transformation of its declarative and advisory nature into a concrete resolution; a common system for preventing and combating terrorism has not been created on the territory of the Commonwealth countries; an effective mechanism for the implementation and control of the implementation of contractual documents and collective decisions has not been established.

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S.Yu. DANILOV, Doctor of Historical Sciences, Professor, Faculty of Law, Higher School of Economics At present, the fight against terrorism throughout the world is of particular importance. The question of the legal framework of measures taken by the state in the fight against terrorism remains relevant. In this regard, the experience of countries that have previously entered the fight against national terrorism - Great Britain, Spain and Canada - is interesting. The problem of terrorism is inextricably linked with the activities of the separatists: in Great Britain - the Irish Catholic community of Ulster, in Spain - the Basques, in Canada - the Franco-Quebecs. The territories of their habitation were at one time forcibly attached to the possessions of other powers, ethnic communities were the object of religious and ethno-cultural discrimination.

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S.Yu. DANILOV,

Doctor of History, Professor, Faculty of Law, Higher School of Economics

At present, the fight against terrorism throughout the world is of particular importance. The question of the legal framework of measures taken by the state in the fight against terrorism remains relevant.

In this regard, the experience of countries that have previously entered the fight against national terrorism - Great Britain, Spain and Canada - is interesting. The problem of terrorism is inextricably linked with the activities of the separatists: in Great Britain - the Irish Catholic community of Ulster, in Spain - the Basques, in Canada - the Franco-Quebecs. The territories of their habitation were at one time forcibly attached to the possessions of other powers, ethnic communities were the object of religious and ethno-cultural discrimination. The appearance among them of underground terrorist organizations, which consisted mainly of young people and teenagers, chronologically coincides with the consolidation of the principle of national self-determination by the norms of international law.

The Irish Republican Army (IRA) was formed in Ulster, the Liberation Fronts (ETA and FLC, respectively) in the Basque Country (Euskadi) and Quebec. They are united by calls for the sovereignization of the habitat, combined with anti-monarchist goal-setting. The IRA added to this the slogan of the reunification of the Catholic community of Ulster with the kindred people of the Republic of Ireland, while the ETA - a call for the exclusion from France of its two Basque-dominated border departments. Much in common was found in the methods of their activity: theft of explosives, explosions of makeshift bombs, distribution of campaign materials. IRA activists also practice organizing political demonstrations, usually ending in street riots. These organizations did not resort to the expropriation of funds from banks and individuals and to kidnappings (with the exception of the FLC).

The organizational foundations of the IRA, ETA and FOC, of course, cannot be accurately identified and characterized, but it can be determined that they are not of the same type. In the 90s of the last century, the IRA actually split into two structures - a "moderate" (semi-legal) wing and a deeply conspiratorial "militant" organization. The FLC consisted of several groups enjoying broad autonomy. Only with regard to ETA there is reason to believe that it is a firmly soldered, ramified underground organization with a single leadership and strict discipline.

The numerical composition of the IRA and ETA has not been revealed even approximately. With regard to the FLC, investigations and trials found that its total number did not reach 100 people, and possibly even less than 50 people. There is no reason to believe that the IRA and ETA are different from the FLC in this respect.

The response of Great Britain, Spain and Canada to national terrorism is also not the same. The Government of Spain, after the largest terrorist attacks that resulted in the death of officials, on the basis of the Law on the state of exception and state of siege of 1942 (hereinafter referred to as the Law of Spain on the state of exception and state of siege; Law) introduced an exceptional position. His regime canceled all constitutional guarantees and gave law enforcement agencies - the police and civil guards (special forces) - the right to mass searches and detention of citizens with unlimited use of weapons, as well as to close state borders.

Since the terrorist acts of ETA, as a rule, were not accompanied by riots, the use of the army inside the country was not envisaged. At the same time, the Spanish Law on State of Exception and State of Siege is silent on the issue of parliamentary control over emergency decrees and regulations that may be issued during the period of a state of exception. At present, this Law (as amended in 1981) also contains the concept of “threatened situation”. Since the 1980s, the Law has been used from time to time within the provinces where terrorist attacks have taken place - Alava, Biscay and Gipuzkoa. The Law still does not contain any norms on parliamentary control over by-laws issued by executive authorities during the period of the threatened and exceptional situation. Nor does it contain norms on the dissolution of regional authorities or on the suspension of their activities during the emergency legal regime.

The UK government, dealing with recurring terrorist attacks and riots in Ulster, has been running this part of the UK on an emergency basis for over 30 years. Its legal basis is the Northern Ireland Emergency Powers Act 1926 (as amended in 1982). It is enacted by Parliament for an indefinite period. for a long time, provides for a temporary cessation of the functioning of the parliament and government of Northern Ireland, direct control of this territory from London and gives broad powers to the command of the army contingent stationed in Ulster. However, England, Wales and Scotland continue to be governed as usual.

The Emergency Powers Act in Northern Ireland does not criminalize strikes, penalties with imprisonment and fines without trial, and the introduction of labor service. Some of these restrictions can be circumvented by the executive and judicial authorities on legal grounds. Thus, any British subject may be imprisoned in Northern Ireland without trial by order, if the Crown (actually the executive branch) declares that such an order was not issued by reason of a state of emergency, but by virtue of a general prerogative that has long belonged to the Crown. Traditional British legal process guarantees, which have been in force in peacetime since the 17th century and nominally upheld by the Emergency Powers Act in Northern Ireland, can be temporarily canceled, however, in relation to each individual person, and not to all persons taken in the custody of the troops or the police.

The Quebec authorities are systematically taking political and legal measures against national terrorism and separatism, which plays into the hands of the national separatists. Twice the government of Quebec (in 1980 and 1995) initiated a referendum on the future of the province. In the first case, 40% of the voters who came to the ballot boxes were in favor of changing the status of the province, in the second - 49%. True, the Canadian Constitution does not provide for secession from the federation, and the results of provincial referendums do not legally bind the federal authorities. However, the latter were forced, after the second of these referendums, to recognize by an act of Parliament in 1996 the existence of a special community in Quebec. Separate groups of Quebec society at one time took an extremist position.

Founded in 1963, the underground FLC became the only terrorist organization in Canadian history. Its activists blew up monuments to British military and statesmen, set fires in army warehouses. Acts of terror were sporadic, but there were no deaths. The public authorities of Quebec underestimated the danger of youth national terrorism, the criminal police and the small security agencies of the province were engaged in the fight against it. For seven years, the Quebec government saw no need to ask Ottawa for intervention or support.

The federal center of Canada, unlike the central government of Great Britain and Spain, had no constitutional and legal grounds for intervention on its own initiative. Pursuant to Sections 91 and 92 of the Canadian Constitution Act, 1867, law enforcement (“the administration of justice and the imposition of punitive measures”) is interpreted in time of peace as one of “local or private matters” and, as such, falls within the exclusive competence of the provincial government. . The right to intervene in the sphere of provincial competence can be obtained by the federal center only in wartime or in case of danger of "mass riots or famine." The justification for such interference is the right of the federal government to take action in defense of "peace, order, and good government."

Canada's federal authorities could acquire the right to take action against terrorists only after an official request from the authorities of the subject of the federation. The Quebec authorities made this decision very belatedly, when the FLC moved to new forms of terror.

FLC activists kidnapped in October 1970 in Montreal the provincial Minister of Labor P. Laporte and the British diplomat D. Cross. Threatening to kill them, the FLC demanded a ransom; to release previously arrested militants; broadcast the FLC manifest over provincial radio channels; give the people of Quebec the right to self-determination, i.e., authorize the withdrawal of the province from the federation.

The failure of the Quebec government to comply with most of the demands of the FLC led to the assassination of Laporte. The search for the kidnappers by the provincial special services remained fruitless. In Montreal, meanwhile, student demonstrations of solidarity with the ideas of the FLC (but not with its methods) began. The danger of the development of events according to the Northern Irish version increased, and only after that the government of Quebec turned to the federal government with a request for intervention. The US State Department (unofficially) and the governments of a number of English-speaking provinces (officially) also called for Ottawa to intervene. In the latter circumstance, the high-ranking position of the subjects of the decentralized Canadian federation was clearly manifested. Thus, the Prime Minister of British Columbia insisted on "strong measures in defense of law and order"; The Attorney General of Saskatchewan saw fit to advise the federal government through the media to "go ahead with the killing of the Front's jailed operatives in retaliation for the murder of Laporte."

The Government of Canada applied for the first time since 1945 the Wartime Measures Act of 1914, copied at one time from a similar act of the British Parliament. Previously, the act had only been used during the two world wars, but was put into effect by an "order in council" (a by-law passed by the Government of Canada or individual ministers without consideration by the Parliament of Canada) signed by the Governor General of Canada.

The Act on Wartime Measures was introduced throughout the country for an indefinite period of time, endowed federal authorities with unlimited powers, including the right to cancel the rights and freedoms of citizens and the powers of provincial authorities to use armed forces within the country, bring civilians to a military court, introduce a rationed distribution goods and products, detain without judicial decision persons suspected of belonging to the "illegal community". The Wartime Measures Act contained no criteria for belonging to such a community. The Attorney General said in the House of Commons that, by virtue of the act, membership in the FLC, and even attendance at meetings of its cells since 1963, could be considered by the courts as a criminal offence.

The Canadian government used the right to use the armed forces inside the country by deploying 12.5 thousand soldiers with armored vehicles to Quebec - one fourth of the ground forces. Under the cover of the army, the provincial police searched over 3,000 dwellings and detained up to 500 people. Characteristically, the Canadian authorities, unlike the British, did not involve the army in conducting searches and arrests. The troops guarded strategic facilities and communication centers.

Under the Wartime Measures Act, detainees were not charged and were not given the right to contact a lawyer. They were kept in custody without bringing their cases to trial. By order of the military authorities in Montreal, all meetings and demonstrations were banned, but municipal elections in the same city were not canceled or postponed. The election campaign continued.

The application of the Wartime Measures Act was upheld by the Commons. She then, at the initiative of the Government of Canada, replaced this document with the Interim Measures for the Protection of Public Order Act. This document had a clearly defined period of validity - 6 months; after this period, the act automatically ceased to have effect, unless the House of Commons decided otherwise.

The Act on Interim Measures for the Protection of Public Order did not contain provisions on military courts, on the regulation of the supply of goods to the population, etc., but retained the right of the federal executive authorities to detain without charge all persons suspected of belonging to an "illegal community" and their detention. The provision on the criminal liability of persons involved in the activities of "illegal communities" from the moment they were created was also retained.

The application of the Acts on Wartime Measures and on Interim Measures for the Protection of Public Order has proven to be an effective measure to curb terrorism. Some FLC activists were detained by special services. The surviving militants (5 people) released the hostage in exchange for the right to immediately leave the country.

Due to success in the fight against terrorists, the Government of Canada did not propose to the House of Commons to extend the Interim Measures for the Protection of Public Order Act. On May 1, 1971, this document, as well as all the orders and orders of the authorities issued on its basis, automatically became invalid. Most of the detainees were released due to lack of evidence and were offered compensation. About 20 people were put on trial and sentenced to various terms of imprisonment.

In the future, the Act on Interim Measures for the Protection of Public Order did not find application and in 1985 was transformed by the Parliament of Canada into an Act of Emergency. Some of the rules were changed: the maximum period of detention of persons detained without charge was reduced to 90 days; thereafter, their cases go to trial unless the Parliament of Canada decides otherwise. The act of emergency has not yet been applied. In 1988, the Parliament of Canada passed the Emergency Preparedness Act, the rules of which are similar to some of the rules of the Spanish State of Emergency and State of Siege Act.

The decisive and large-scale measures of the federal government against terrorists have had important consequences. The FLC collapsed, and there were no new acts of terror. The federal legislation on the state of emergency has become more flexible, some of its provisions have undergone a thorough revision. The archaic and overly inclusive Wartime Measures Act is no longer in force.

Thus, only in Canada was it possible to inflict a decisive defeat on terrorism. This is due to the law-abiding part of civil society, the lack of traditions of violent actions among most Canadians, as well as the prompt and well-thought-out nature of the anti-terrorist measures carried out by the government and parliament of Canada in 1970-1971. The decentralized nature of the Canadian federation has not become an obstacle to the implementation of such measures, while at the same time the centralized nature of the state in the UK has not yet facilitated the actions of its authorities to eliminate Ulster terrorism.

Bibliography

1 See: Converse D. Basques, Catalans and Spain. - L., 1997. P. 229-230, 411; Tapia A. Franco caudillo. Mito y realidad. - Madrid, 1995. P. 85-86.

2 Exists under the Government of Northern Ireland Act 1922.

3 See: Torrance J. Public Violence in Canada 1867-1982. 2nd ed. - Montreal, 1998. P. 157-159.

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At the moment, the world community has realized that it is necessary to intensify the fight against terrorism. In the fight against it, the most stringent and decisive measures must be taken. The problem of political terrorism is, in my opinion, the most acute problem of mankind. All measures aimed at combating terrorism can conditionally be divided into forceful and legal, external and internal. The vast majority of countries prefer to fight terrorism exclusively by force. If we take into account that the fight against terrorism has been going on for 30 years, then we can conclude that they are not very effective. By force they fight not against terrorism, but against its manifestations. It must be remembered that terrorism is always a reaction of society to certain events.

It is also not possible to solve this problem by purely legal methods in the foreseeable future. The first attempt to defeat international terrorism was the adoption in 1937 by the League of Nations of the Convention for the Prevention of Terrorism and the Punishment of Terrorist Acts. At present, a number of international documents regulating cooperation in the field of combating terrorism have been developed and are in force: the final documents of the OSCE meetings in Helsinki, Madrid, Vienna, Paris; 1987 South Asian Association for Regional Cooperation (SAARC) Regional Convention for the Suppression of Terrorism; 1997 International Convention for the Suppression of Terrorist Bombings. 2000 International Convention for the Suppression of the Financing of Terrorism, etc.

The ideology of these documents is based on the full condemnation as criminal and without justification of all acts, methods and practices of terrorism, wherever and by whomever they are carried out. Creating a legal framework for international cooperation in the fight against terrorism, experts seek to depoliticize the understanding of modern terrorism, point to its supranational status, a danger to all mankind, expanding the scope of anti-terrorist legislation as much as possible. In fact, today in international law in the field of combating terrorism, the principle is stated that criminal acts qualifying as acts of terrorism should under no circumstances be justified on grounds of a religious, political, ideological, racial, ethnic or other similar nature.

At the same time, special bodies have been created in a number of regions to ensure the interaction of the states-participants of regional agreements. For example, in the Council of Europe - the European Committee on Crime Problems and the Committee of Ministers of the Council of Europe, in the League of Arab States - the Arab Organization for Social Protection against Crime and the Council of Ministers of the Interior of Arab States.

Measures aimed at preventing terrorist attacks are called internal. They are just the most effective. It is easier to prevent a terrorist attack than to deal with its consequences later. It is almost impossible to predict where the next blow will be delivered. Therefore, it is rather difficult for special services to receive timely information about an impending terrorist attack. Information leakage from terrorists is extremely rare, and they treat traitors especially cruelly. do nothing).

External measures to combat terrorism include, first, the adoption of special anti-terrorist laws and the interaction of states fighting terrorism. Second, exerting economic pressure on countries that support international terrorism (these include Syria, Libya, Jordan, Iraq, Lebanon, Cuba, Sudan and Afghanistan).

The most effective is the synthesis of legal and enforcement measures. With regard to terrorist groups, it is necessary to use harsh force methods, up to the physical destruction of terrorists. We should not forget about the importance of regulation of legal legislation.

As the experience of Israel, the most experienced country in the fight against terror, shows, in order to effectively combat terrorism, it is necessary to unite the efforts of all law enforcement agencies and special units. So in Israel, the fight against terrorism is headed by the operational headquarters, which includes representatives of the army and special services, including the Mossad foreign intelligence service. The task of the headquarters is to unite and coordinate all actions, including conducting special operations outside the country. At the same time, the main attention is paid to intelligence in order to forestall terrorist attacks. It is carried out by the most mobile and well-trained special forces, focused on performing tasks of particular complexity.

Most often, the personnel of the Israeli special services conduct a preventive fight against terrorism. He seems to "dissolve" among the Jewish and Arab populations and begins to carry out tasks usually associated with the identification and secret destruction of terrorist groups or individual fanatics (often violating international laws). The Israeli leadership pays great attention to the issues of stopping financial receipts from abroad for Palestinian and Lebanese terrorists and exerting international influence on Syria, Iran, Libya, and Sudan, which are suspected of this.

The main Russian regulatory act in the field of combating terrorism is the Federal Law of March 6, 2006 N 35-FZ "On Countering Terrorism", which establishes the basic principles of countering terrorism, the legal and organizational foundations for the prevention of terrorism and combating it, minimizing and (or ) elimination of the consequences of manifestations of terrorism, as well as the legal and organizational basis for the use of the Armed Forces of the Russian Federation in the fight against terrorism.

Article 3 of this law defines the concept of terrorism. According to the Russian legislator, “terrorism is the ideology of violence and the practice of influencing decision-making by state authorities, local authorities or international organizations related to intimidation of the population and (or) other forms of illegal violent actions” Federal Law of the Russian Federation of March 6, 2006 N 35-FZ "On countering terrorism" - Legal system "Garant" on-line version - www.garant.ru. Counter-terrorism refers to the activities of public authorities and local self-government bodies to:

prevention of terrorism, including the identification and subsequent elimination of the causes and conditions conducive to the commission of terrorist acts (prevention of terrorism);
detection, prevention, suppression, disclosure and investigation of a terrorist act (combating terrorism);
· minimization and (or) liquidation of the consequences of manifestations of terrorism.

In addition to the above-mentioned normative legal act, Russia has adopted a number of documents aimed at combating terrorism in the legal field. For example, the Federal Law of the Russian Federation of April 20, 2006 N 56-FZ "On the Ratification of the Council of Europe Convention on the Prevention of Terrorism", the Federal Law of the Russian Federation of December 28, 2004 N 176-FZ "On the Ratification of the Treaty on Cooperation between the States Members of the Commonwealth of Independent States in fight against terrorism", Federal Law of the Russian Federation of July 25, 2002 N 114-FZ "On countering extremist activity", etc.

In addition, in Russia terrorism is considered as an independent criminally punishable act. The Criminal Code of the Russian Federation contains articles providing for punishment for terrorism (Article 205), hostage-taking (Article 206), organization of illegal armed groups and participation in them (Article 208). In my opinion, the penalties provided for by the Criminal Code for these crimes are extremely lenient. Must be set to max. possible dates for such crimes.

The global nature of the activities of terrorist structures suggests that a successful fight against them is possible only if all the states interested in this act are closely coordinated, taking into account each other's experience. To some extent, this is taken into account in the activities of Russia's power structures. At the same time, many facets foreign experience that are not directly related to the improvement of interdepartmental cooperation in the fight against terrorism, structural reforms of law enforcement agencies, personnel training, rearmament, etc. are still understudied.

This refers to the experience of establishing interaction between law enforcement agencies, society and business in the fight against terrorism. The most extensive experience here has been accumulated in the USA. In this country, for example, private corporations and security agencies participate together with government departments in programs to protect computer networks and ensure business integrity, which should make it difficult for terrorist structures to "launder" money. The United States also has a number of programs that ensure the involvement of ordinary citizens in the fight against terrorism and the maintenance of public order.

The countries of Western Europe have accumulated experience in integrating immigrants from the countries of the "South" living in the country into their respective societies. Legal immigrants receive assistance in learning the language of the host country, its traditions and customs, they are given the opportunity to receive social protection measures. There are programs to support the so-called "zones of decline", areas where, for various reasons, the level of unemployment and social tension is high. This allows, to some extent, to ensure the loyalty of immigrants from Islamic countries to the host state. The same goal is served by the policy of combating manifestations of racial and religious intolerance, xenophobia towards immigrants from the "South" countries, which can only increase the influence of radical ideologies that justify terrorism on them.

Of course, when referring to foreign experience, it is necessary to take into account the specifics of Russia, which excludes the possibility of its mechanical copying. In addition to this, the events that took place in France in the recent past show that the causes of terrorism cannot be eradicated by social programs alone. We need to take into account the sad experience of this state. As for Russia, firstly, the degree of trust between government, business and society is much lower than in the United States and Western European countries. Secondly, the limited material resources of Russia do not allow it to carry out such an active social policy, as in the countries of the European Union, and also makes it difficult for it to acquire a technological advantage over terrorists. Thirdly, Russia has practically open, unprotected borders along the southern perimeter, and also faces problems with the corruption of local officials, which facilitates the penetration and legalization of migrants, including terrorists, into its territory. Fourthly, on the territory of Russia there is a hotbed of tension - the republics of the Caucasus region. Fifth, any tough anti-terrorist measures taken by Russia are viewed with a high degree of suspicion by Western countries, which see them as symptoms of the country's return to an authoritarian regime.

Thus, unfortunately, we have to state the fact that the fight against terrorism will be eternal, since terrorism is ineradicable, as it is part of the eternal and undying companion of mankind - crime. It is impossible to imagine that the frantic and blind seekers of truth and justice, ready to sacrifice themselves and others for the general happiness or the hegemony of their social or national group, would ever disappear from the face of the earth. It is also impossible to imagine that people would no longer be born on earth who, through terror, solve their selfish tasks, and not only material ones, but allegedly for the sake of the triumph of universal equality.

Nevertheless, a civilized society should strive to prevent this evil from spreading and to identify the terrorist threat in time.