Foreign experience in the fight against terrorism. Bibliographic list of used literature

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 special groups people doing this on a permanent and professional basis ... It has already become obvious that the wide financial possibilities of terrorist organizations allow them to replenish their ranks with professional mercenaries ... And, of course, in order 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 activities law enforcement, approbation 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 happens belatedly, according to the principle "first the problem - then the elimination 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:

quantitative and qualitative transformation international terrorism and scale of directions of its distribution;

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 actual 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 international Conference on the fight against 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 between European governments in the interests of public protection a permanent agreement 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 goal of violating the 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. 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 the agenda of the XXVII session General Assembly UN item entitled "Measures to prevent terrorism and other forms of violence that endanger or kill innocent people or endanger 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 international cooperation in the development of 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: 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, on the protection of airport officials.

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 uncertainty among the crew of aircraft, passengers, aircraft maintenance personnel and workers 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.

Taking into account 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 from the commission of terrorist acts of an international nature are currently: crews of aircraft and air lines, both domestic and foreign, 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 UN 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 on 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 conditions of armed conflict, first of all, the Geneva Conventions and the Statute of the Nuremberg Tribunal (Article 6), which prohibit the commission of terrorist acts against prisoners of war and the 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, are in force. d. 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 relation to its citizens, and rules that, in particular, aim to prevent terrorist acts of an international character and punishment for doing so. 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 to 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 the prevention of international terrorism, since prevention of social hazardous phenomena must be carried out when the potential hazard is still absent. 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 Committee national security, 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, a single data bank on terrorism and other manifestations of extremism and separatism has been formed 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 represent a wide range of aspirations, from attempts to obtain a certain amount of money or release imprisoned like-minded people or members of criminal groups and ending with attempts to change the existing system, violation of state integrity or state sovereignty. 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 UN Committee on Crime Prevention and Combating Crime at its XI session in 1990 pointed out the absence of a generally accepted definition of the concept of "international terrorism". or performer) while planning their activities, 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 the activities are taking place.”

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 finalize 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 contain 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 own interests(economic, geopolitical, military, etc.) are quite skeptical about the prospect of unanimity of the world community regarding a clear and comprehensive definition 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. In real life, statesmen who are rooting for the well-being of their own country and their people form a policy based precisely on 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.

A deliberate act capable of endangering human lives by creating a general 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 legal acts 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.

Many definitions of international terrorism are offered in the legal and other scientific literature.

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 presence 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 which are directed against persons or property and which by their nature are intended to cause fear in statesmen, groups of individuals or the population as a whole in order to achieve the set political goals . E.G. Lyakhov believes that international terrorism is:

) illegal and deliberate commission by a person (group of persons) in the territory of a state of a violent act against foreign state or 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. Besides, in last years concern is 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, as independent species terrorism is distinguished by terrorism carried out with the help of states that support international 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, the improvement 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 for the purpose of forcing said subjects to commit 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).

Convention on the Marking of Plastic Explosives for the Purpose of Detection (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 exercising 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 provisions of the Hague Convention were subsequently used for the relevant norms 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 of international legal cooperation were created. 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 takes an active part 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 a 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 take the 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 the interests of such regional organizations as the Organization of the Treaty on collective security, SCO, 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 the named problem. 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 in order to implement 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 appeared a real opportunity to send inquiries through the Bureau, to establish the location of certain persons, to receive copies of various necessary documents, and so on. 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 members of the single system Interpol, on 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 Types of Crime on the Territory of the States Members of the Commonwealth of Independent States of a structural unit for coordinating the fight against trafficking drugs and precursors and its regional task force 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 spreads about Islam in a particular terrorist act, the more people notice the real goals 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 is detected. material values. In this case, due to the fact that material objects are not the highest value in the 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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Terrorism has long been a global threat, and, therefore, the fight against it automatically acquires a global dimension. Combining the efforts of law enforcement agencies and security services of the states concerned, in turn, involves the exchange of experience in such a struggle, the identification of its most effective forms. A significant help is the use of acceptable strategic decisions, tactics, specific methods developed and tested by foreign colleagues responsible for security by the ATS. Russian authorities Internal Affairs can borrow a lot from the law enforcement agencies of those countries for which terrorism has been a scourge for several decades and which have accumulated solid experience in the field of its prevention.

Of greatest interest is the experience of the police and intelligence services of a number of countries. Western Europe. They and other citizens in one form or another and at different times experienced the bloody actions of terrorists and were forced to take extraordinary measures. A characteristic feature of the fight against terrorism in recent years is the active use of special force units, including army units. Almost all states where such a problem is relevant are resorting to this. In Russia, this practice became real after the adoption on July 25, 1998 of the Federal Law "On Combating Terrorism".

All leading states control the main measures to combat terrorism and suppress any attempts to propagate terrorist activities. In recent years, the fight against terrorism has taken on a large scale. In particular, methods have been developed for identifying terrorists, finding and neutralizing explosive devices, various kinds weapons of terrorists, ways to obtain information about terrorists necessary for the police and security agencies. The search for new, more effective means fight against terrorism. An analysis of terrorist acts committed abroad and the experience of combating terrorism make it possible to single out their most characteristic types. This is a hostage hijacking; hostage-taking in administrative buildings; kidnapping of people (politicians, diplomats, representatives of the propertied classes, party leaders, members of various organizations); murders; bomb explosions in buildings, vehicles; laying of explosive devices in places of greatest concentration of people; blackmail and threats to commit a terrorist act.

The measures taken by the governments of different countries to combat terrorism are also of a diverse nature, dictated by various forms and methods of carrying out terrorist acts.

Thus, countries agree on the extradition of terrorists captured or who have surrendered to them, on the refusal to accept stolen vehicles and, above all, aircraft, create special units to fight terrorists, equipping them with modern equipment, weapons and vehicles. They also use reconnaissance and search methods in their work. There are two types of units for combating terrorism: units directly subordinate to the special services and formed from among the employees of these services, and units of the "commando" type, which are recruited from military personnel. special purpose and come under the operational subordination of the special services for the period of a specific operation. Examples of such special forces are the British SAS, the German GSG, the Italian detachment R, the Austrian Cobra, the Israeli general intelligence unit 269, etc. The management of the actions of special units is entrusted to state bodies (ministries, specially created committees, headquarters, etc. ).

The legal and organizational support of the state system of combating terrorism is being continuously improved.

So, in USA a package of laws has been adopted, which constitute a solid legal basis for the activities of the administration, law enforcement agencies and special services in the fight against terrorism. A national program has been developed to combat terrorist acts, the structure of the bodies involved in this struggle under the auspices of the National Security Council has been determined, and funding for this program has been provided (10 billion dollars were allocated in the early 1990s). In 1974, the Executive Committee was created, which included representatives only from those organizations whose duties in combating terrorism are defined by law, namely: the State Department, the Department of Defense, the Department of Justice, the FBI, Finance and Energy, the CIA, the Federal Aviation Administration, joint chiefs of staff.

In the United States, the Bureau of Alcohol, Tobacco and Firearms (ATF) has been created to uncover criminal explosions.

The structure of the ATP includes the National Laboratory Center and two regional laboratories, one of the tasks of which is the study of physical evidence related to fires and explosions, and 4 national rapid response teams operating throughout the United States.

The disclosure of the crimes in question, carried out by a terrorist group or committed in higher educational institutions, as well as when explosives are found on the territory of government buildings and in cases where the committed crime affects diplomatic relations with other states, is within the competence of the FBI. The FBI has a department for criminal investigations and a department for physical and chemical examinations of explosives. In the special forces of the US police importance is attached to the preparation of a scene inspection plan that clearly defines the actions of the task force leader and its members.

The plan addresses the following issues:

Distribution of responsibilities among group members;

Development of a scheme for examining the scene of the incident and the sequence of its conduct, initial inspection of the scene, assessment of the collected physical evidence, organization of the delivery of forensic and other means necessary for examining the scene of the incident;

Organization of the work of members of the operational group at the scene in accordance with their experience and knowledge;

Ensuring control over access to the scene of persons who are not part of the operational group.

Particular importance is attached to the organization of a coordinating link for the exchange of information between employees carrying out investigative actions and operational-search activities. This group is also responsible for informing representatives of the relevant authorities about the progress of solving the crime; joint actions carried out by operational groups at the scene of the incident and beyond, organizing the exchange of information between operational workers and groups, organizing business meetings for representatives of operational groups and organizations.

The plan also provides for the involvement of other persons:

Photographer

Crime scene mapper

Specific persons responsible for the seizure of physical evidence and their safety.

In the disclosure of crimes related to the use of VU, theft firearms, are widely used by specialists in various fields of science and technology, who provide expert assistance to operational workers.

After all security measures have been taken, in agreement with the employees of the unit engaged in the neutralization of the explosive device, the so-called "cautious" inspection of the area on the territory of which the explosive device was triggered, as well as on the approaches to it, begins. According to the FBI, members of the task forces involved on the scene and off the scene should avoid jumping to conclusions that may potentially reduce their work to a zero option, as well as focusing only on finding physical evidence related directly to the VU or to firearms. Such a search may lead to the fact that other important evidence of a physical or informative nature will be missed.

When examining the scene of the incident, the members of the operational group proceed from the following premise: everything that was on the site before the explosion or after the explosion of the object remains there after the explosion. The purpose of this inspection is to obtain general idea about the characteristic features of the scene, collecting a maximum of physical evidence with the adoption of precautionary measures. In some cases, in order to obtain a general picture of the scene associated with the use of VU, it is advisable to use aerial photography.

Upon completion of the "careful" inspection of the scene, a detailed inspection of the entire territory is carried out, the purpose of which is to detect explosive particles, the mechanism for initiating the explosion, and the packaging of the device.

in Germany after a heated debate, the Bundestag approved new anti-terrorism legislation (Anti-Terror Gesetz). The German Criminal Code significantly expanded the wording of the paragraphs relating to “creation and participation in terrorist organizations”: actions aimed at destroying railway and port mechanisms, airport facilities and industrial enterprises, and above all nuclear ones, are recognized as dangerous; the article "on incitement to socially dangerous acts" now covers persons who print and distribute various leaflets and proclamations (instructions for making improvised explosive devices or methods for disabling high-voltage line masts, etc.); A new article has been introduced that expands the prerogatives of the Prosecutor General of the Federal Republic of Germany, who is charged with direct participation in the proceedings related to the activities of foreign terrorist organizations in the territory of the Federal Republic of Germany and their prosecution. Ministries and departments are obliged to report to the Federal Office for the Protection of the Constitution about all known cases and facts of possible damage state security and, in particular, terrorist acts.

Special units have been formed to organize counter-terrorism measures.

In France there is no cumbersome highly specialized service dealing exclusively with the fight against terrorism. Instead, the mobilization and coordination of the actions of the departments of the Ministry of the Interior, the army and all interested services capable of contributing both to the prevention and suppression of terrorism is being carried out. Under the direct supervision of the Director General of the National Police, the Anti-Terrorism Coordination Unit (U.C.L.A.T.) has been established. It has a special "Department for Investigation, Assistance, Intervention and Elimination". The latter renders its assistance at the request of the services during counter-terrorism operations, when high professional skills are required, or carries out special missions in the form of surveillance and surveillance on the national territory. Head of U.C.L.A.T. if necessary, in crisis situations, gathers its representatives from the services involved in the fight against terrorism.

In addition, there is a unit that coordinates in France the work of German, Spanish, Italian, British services involved in the fight against terrorism, and the activities of French police units in countries united by bilateral agreements on cooperation in the field of combating terrorism, including Germany, Italy, Spain , Great Britain. Coordination is provided by an inter-ministerial committee to combat terrorism, which brings together, under the chairmanship of the Minister of the Interior, the Ministers of Justice, Foreign Affairs, Defense and other high-ranking officials.

The problems of preventing terrorist acts are discussed and decisions are made within the framework of the National Security Council under the leadership of the Prime Minister.

Information support is mainly carried out by two departments of the national police, one of which is in charge of general information on all issues related to domestic terrorism and its possible consequences on the international plane, and the second monitors the activities of foreign terrorist groups in the country. However, other services also collect information through their own channels, in particular counterintelligence and military intelligence. All other formations of the national police, especially the air, border and city police, the national gendarmerie contribute to the prevention and suppression of terrorism. At the same time, traditional operational-search measures are actively used.

There are also anti-terror squads that use the experience gained by the anti-gang units that have operated over the past decades with large units of the national police in Paris, Lyon, Marseille and other cities. In the capital, especially in areas where airports, railway and sea stations are located, the fight against terrorism and banditry is carried out by the brigade to combat banditry of the Paris Prefecture of Police, from which a brigade of search and conduct of actions has been allocated. Their task is mainly to patrol in order to maintain public order in places where people are most congested, to suppress manifestations of panic and exert psychological pressure on terrorists, which is important and can prevent some bloody actions.

In ensuring security, great importance is attached to the introduction and use of modern technical means, the use of specially trained dogs to detect explosive devices and neutralize the actions of dangerous criminals.

One of the most important directions of the French system of combating terrorism is the program of actions of special forces in the event of hostage-taking by terrorists. In these cases, in addition to law enforcement forces, the participation of family members of victims or terrorists, doctors, psychologists, psychiatrists, engineering and technical workers, rescuers, firefighters, etc. is envisaged. -search information, the work of headquarters, interaction with other forces, analysis of the situation, development of draft decisions, etc.

Vast experience in combating various kinds of extremist manifestations has been accumulated in Israel. The counterterrorist activity of the Israeli security services is based on the principle of "no concessions to terrorists," for it has long been proven that concessions to terrorists only breed new terror. The activities of the Israeli intelligence services are a vivid example of just such an uncompromising approach. Although, of course, such a position, fraught with enormous difficulties, and often victims, requires the authorities to exercise exceptional restraint and enormous responsibility to citizens.

The Israeli authorities went to the creation of special forces, but the fight against terrorism. This in the 60-70s. the counter-terrorist brigade was engaged, which carried out a number of successful operations, in particular, the escort of 90 passengers of the Sabena aircraft, hijacked by terrorists at Lod Airport in 1972. Later, General Intelligence Unit 269 was created on its basis.

The Israeli experience in the fight against terrorism is valuable not only from a technical point of view, but above all in terms of exceptional consistency in pursuing an uncompromising, hard line against criminals, excluding their evasion of responsibility. The Israelis began to massively use armed forces in the fight against terrorists, de facto, giving the criminals the status of a belligerent.

The Israeli experience convincingly demonstrates that the main role in the fight against terrorism should be played by services and units specially designed for this, using flexible tactics, all the variety of methods and means in their arsenal. The involvement of the armed forces, however, should not be completely excluded, but they can only perform auxiliary functions (protecting important facilities, supporting counter-terrorist operations, providing the psychological effect of presence in the most likely places for actions, etc.).

The study and generalization of foreign experience is an important condition for the development of effective measures to combat terrorism, ensuring the security of the individual and society in the Russian Federation.

Control tasks:

1. Outline the basics of conducting a counter-terrorist operation.

2. Expand the tactics of the police department to suppress a terrorist action in the form of an explosion.

3. Describe the tactics of the police department to free the hostages.

4. Tell us about the tactics of the police department to eliminate illegal armed groups.

5. Explain the basics of ATS tactics to prevent the hijacking of an aircraft.

6. Highlight foreign experience in the fight against terrorism.

Conclusion

Prevention and suppression of terrorism are extremely difficult tasks, since this phenomenon is generated by many social, political, economic, religious and historical reasons, as well as the inadequacy of legal, organizational, professional measures aimed at combating this global threat to humanity.

With this publication, the author does not pretend to provide a comprehensive and complete presentation of this problem, as well as the development of ready-made solutions for all occasions, given the great variety of forms, methods and manifestations of terrorism. Many of the recommendations are "piece" decisions based on a comprehensive analysis of specific situations.

A special place in the activities of state and public organizations in the fight against terrorism belongs to the coordination of the efforts of different countries in the prevention and suppression of this evil. Therefore, the approach to solving this problem should reflect this circumstance. This applies to a coordinated and unambiguous understanding of terrorism, the creation of more effective international legal acts and especially comprehensive programs to combat it, joint planning and implementation of preventive, operational-search, economic, security and other measures, the arrest and prosecution of terrorists.

Protection against terrorists can be effective only if it is carried out at a professional level by competent specialists, including specialists from internal affairs bodies.

Bibliographic list of used literature:

Part 1

Antonyan Yu.M. Terrorism. Criminological and criminal law research. - M.: Shield-M, 1998.- 306 p.

Artamoshkin M.N. On the agenda - the fight against terrorism//Public security. 2000.- Sat.4.- P.4-13.

Afanasiev N.N., Kipyatkov G.M., Spichek A.A. Modern terrorism: ideology and practice. - M .: VNII of the Ministry of Internal Affairs of the USSR, 1982.

Bulletin of the Ministry of Internal Affairs of Russia. 2000. N 1. S.5-7, 32, 43, 56, 90.

Dzybov M., Puchkov V. Evaluation of the danger of emergency situations. // Civil protection 1998.- N 7.- S. 74-75.

Davis L. Terrorism and violence. Terror and disaster. Translation from English. - A. Marchenko, I. Sokolova. Smolensk: Rusich, 1998. - 496 p., ill. ("Omnibus Rebus").

Kireev M.P. Terrorism is a common problem.// Bulletin of the Ministry of Internal Affairs of the Russian Federation, 1994, N 6, p. 141.

Kozhushko E.P. Modern terrorism: An analysis of the main directions / Ed. ed. A.E. Taras.- Minsk: Harvest, 2000. C - 448. ("Commandos").

Kostyuk M.F. Terrorism: criminal-legal aspect// Problems of combating terrorism and organized crime: Proceedings of scientific and practical. conf./Under total. ed. L.V. Serdyuka. - Ufa: UUI of the Ministry of Internal Affairs of the Russian Federation, 1999, p. 67.

Criminogenic situation in Russia at the turn of the XXI century / Under the general. ed. A.I. Gurova.- M .: VNII of the Ministry of Internal Affairs of Russia, 2000.- p. 96.

Larin A.M. Emergencies and activities of law enforcement agencies / / In the book: Law and emergency situations. - M., 1992.- S.109-110.

Small war (Organization and tactics of military operations of small units): reader / Comp. A.E. Taras.- Minsk: Harvest, 2000.- 512 p.- "Commandos".

Manatskov I.V. Political terrorism (Regional aspect)//Avtoref. cand. philosopher. Sciences. Rostov-on-Don, 1998, 22 p.

Minkovsky G.M., Revin V.P. Characteristics of terrorism and some directions for increasing the effectiveness of the fight against it / / State and Law. - 1997. - N 8. - P. 84-91.

Salimov K.N. Modern problems of terrorism. - M.: Shield-M, 1999. 216 p.

Sitkovsky A.L., Razinkov B.I., Khmel A.P. Crimes committed with the use of firearms and explosive devices. Their influence on the criminal situation in the country.// Bulletin of the Ministry of Internal Affairs of the Russian Federation, 1998, N 2-3, p. 98.

Terror and anti-terror: assassination attempts, explosions, murders / Compiled by T.I. Revyako. - Minsk: Literature, 1997. - 608 p. - (Encyclopedia of crimes and catastrophes).

Part 2

Constitution of the Russian Federation.

Law of the Russian Federation of April 18, 1991 N 1026-1 "On the Police" March 1999 N 68-FZ, December 6, 1999 N 209-FZ March 31, 1999 N 68-FZ) / / Collection of Russian legislation (SZ RF). 1999. N 14. Art. 1666.

Law of the Russian Federation of March 5, 1992 N 2446-1 "On Security" // Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation (VSND RF and RF Armed Forces). 1992. N 15. Art. 769; 1993. N 2. Art. 77.

Law of the Russian Federation of March 11, 1992 "On private detective and security activities in the Russian Federation" / / VSND RF and RF Armed Forces. 1992. N 17. Art. 888.

Federal Law No. 40-FZ of April 3, 1995 "On Bodies of the Federal Security Service of the Russian Federation"// SZ RF. 1995. N 15. Art. 1269.

Federal Law of April 20, 1995 "On State Protection of Judges, Officials of Law Enforcement and Supervisory Bodies"// SZ RF. 1995. N 17. Art. 1455.

Federal Law No. 144-FZ of August 12, 1995 "On Operational Investigative Activities"// SZ RF. 1995. N 33. Art. 3349.

Federal Law of May 27, 1996 N 57-FZ "On State Protection"//SZ RF. 1996. N 22. Art. 2594.

Federal Law of February 6, 1997 N 27-FZ "On the Internal Troops of the Ministry of Internal Affairs of the Russian Federation" / / SZ RF. 1997. N 6. Art. 711.

Federal Law of July 25, 1998 N 130-FZ "On Combating Terrorism"// SZ RF. 1998. N 31. Art. 3808.

Federal constitutional law of May 30, 2001 N 3-FKZ "On the state of emergency"// SZ RF. 2001. N 23. Art. 2277.

Decree of the President of the Russian Federation of March 7, 1996 N 338 "On measures to strengthen the fight against terrorism" / / Rossiyskaya Gazeta. 1996. March 12.

Decree of the President of the Russian Federation of January 10, 2000 N 24 "On the Concept of the National Security of the Russian Federation" / / SZ RF. 2000. N 2. Art. 170.

Decree of the President of the Russian Federation of April 21, 2000 N 706. "On the Military Doctrine of the Russian Federation" / / SZ RF. 2000. N 17. Art. 1852.

Decree of the President of the Russian Federation of September 23, 1999 N 1225 "On measures to increase the effectiveness of the counter-terrorist operation on the territory of the North Caucasus region of the Russian Federation" (as amended by Decrees of the President of the Russian Federation of January 22, 2001 N 61 and March 27, 2001 N 346)//Rossiyskaya Gazeta. 2001. January 23.

Decree of the President of the Russian Federation of January 22, 2001 N 61 "On measures to combat terrorism in the North Caucasus region of the Russian Federation" (as amended by Decree of the President of the Russian Federation of March 27, 2001 N 346) / / Rossiyskaya Gazeta. 2001. January 23.

Decree of the President of the Russian Federation of January 10, 2002 N 6 "On Measures to Implement UN Security Council Resolution 1373 of September 28, 2001"//Rossiyskaya Gazeta. 2002. January 12.

Decree of the Government of the Russian Federation of October 14, 1996 N 1190 "On Approval of the Regulations on the National Central Bureau of Interpol"//СЗ RF. 1996. N 43. Art. 4916.

Decree of the Government of the Russian Federation of November 6, 1998 N 1302 "On the Federal Anti-Terrorist Commission" / / SZ RF. 1998. N 46. Art. 5697.

Decree of the Government of the Russian Federation of June 22, 1999 N 660 "On approval of the List of federal executive bodies participating within their competence in the prevention, detection and suppression of terrorist activities" (as amended by Decree of the Government of the Russian Federation of September 9, 1999 N 1025)//SZ RF. 1999. N 27. Art. 3363; N 38. Art. 4538.

Decree of the Government of the Russian Federation of September 15, 1999 N 1040 "On measures to counter terrorism"//SZ RF. 1999. N 38. Art. 4550.

Convention of the Commonwealth of Independent States on legal assistance and legal relations in civil, family and criminal cases of January 22, 1993//СЗ RF. 1995. N 17. Art. 1472.

Convention (International) for the Suppression of Terrorist Bombings//СЗ RF. 2001. N 35. Art. 3513.

Agreement on the interaction of the ministries of internal affairs of independent states in the field of combating crime of April 24, 1992 / / Collection of documents of the Ministry of Internal Affairs of the Russian Federation "Cooperation of States in the fight against crime", - M., 1993. P. 15-20.

Agreement on cooperation between the ministries of internal affairs in the fight against terrorism of September 8, 2000 / / Legal regulation of the activities of internal affairs bodies: Collection of normative legal acts: in 3 volumes. Volume 1 / Rev. ed. Vasiliev V.A., compilers Moskalkova T.N., Chernikov V.V., - M .: MSS, 2001, p. 726-732 (816 pp.).

Order of the Ministry of Internal Affairs of the Russian Federation of February 28, 2000 N 221 "On measures to improve cooperation through Interpol."

Philip ZONOV

The article deals with the conceptual, ideological and political aspects of the concept of international terrorism. The paper presents an analysis of various forms of countering terrorism - from preventive approaches to forceful actions.

Conceptual, ideological and political characteristics of the conception of international terrorism are considered in the article. The analysis of various forms of counterterrorist activity, from the preventive approaches to force actions, is submitted.

In the 21st century international terrorism has become a new global reality, a challenge and a threat to the security of the world community. Therefore, it is not accidental that the fact that since the beginning of the 90s. in the activities, decisions and documents of the United Nations, the topic of combating international terrorism occupies an increasingly prominent place. After terrorist attack On September 11, 2001, the institutional and managerial formalization of this direction within the framework of the UN took place in the United States. Since that time, a conceptual Global Counter-Terrorism Strategy has been adopted to prevent and combat terrorism in all its forms and manifestations and compliance by UN member states with obligations under international law, including, in particular, norms in the field of human rights, refugee rights and international humanitarian law. The resolution of the UN General Assembly at the 64th session (2010) urged all states to make their efforts to conclude a comprehensive convention on international terrorism1.

The question of the roots and evolution of international terrorism is of fundamental importance, and the answer to it is far from unambiguous. The text of the UN Global Counter-Terrorism Strategy (60/288) rightly notes that “terrorism cannot and should not be associated with any religion, nationality, civilization or ethnic group”2.

When examining the conditions that contribute to the spread of international terrorism in various regions, one should pay attention to such conflict factors as economic instability, instability political power, marginalization and beggarly existence of a significant part of the population, an off-scale level of unemployment, violation of human rights and freedoms, confessional and / or ethnic differences, disrespect for religious values, etc. A clear idea of ​​the validity of this thesis can be obtained by the example of mass demonstrations in Tunisia, Morocco, Egypt, Syria in the first half of 2011, which caused a kind of chain reaction of political and social protests in Bahrain, Libya, Iraq, Turkey, Jordan, Yemen.

The situation of political discreteness, mosaic and instability currently exists all over the world, incl. and in Russia, especially in the North Caucasus. Well-known political scientist K.S. Hajiyev notes: “Here, many real and potential ethno-national, territorial and confessional contradictions and conflicts manifest themselves in the most intricate form, which is fraught with far-reaching unpredictable negative consequences for all countries and peoples of the region. Very sharp and intractable socio-economic, national-territorial, confessional, geopolitical and other problems are woven into a complex knot. An additional contribution to the destabilization of the situation in the region is made by the activation of political Islam, as well as radical movements, including those professing terrorism.

The fact is that Russia in the early 90s. turned out to be unprepared for the problems of legal qualification of violent measures to resolve the conflict, for the problems of organizational and functional complexities of the fight against terrorism. The deliberate provocations of the opposing side were no exception, supported not only by foreign mercenaries and consultants, but also by the supply of weapons, financial and other means.

At the turn of the XXI century. this new dilemma of modernity is beginning to materialize in the need to mobilize resources for international cooperation, further improve the global strategy to combat international terrorism, develop and use new forms and means of protecting the rights and freedoms of man and citizen, strengthening the democratic foundations of society.

Based on the analysis of such high-profile terrorist attacks as the attack on the skyscrapers of the World Trade Center in the USA in September 2001, explosions in Spain in March 2004 and Great Britain in 2005, as well as numerous acts in Russia, we can distinguish the following components of modern international terrorism:

political orientation;

Threat to the security of the world order;

An ideology that has, firstly, a connection with extremism and separatism, and secondly, a causal relationship with radical Islamism;

Cynical attitude to the generally accepted norms of morality and law;

The use of specific methods for committing terrorist attacks - air attacks, explosions in the subway, transport, etc.;

Huge mass loss of life;

Morally - psychological destructiveness of terrorist attacks, causing shock to the entire civilized mankind;

Damage to the economy, destruction of material values;

Generation of chaos and fear (socio-economic, psychological, etc.), leading to public discontent;

The commission of terrorist attacks by individual terrorists, groups, detachments, etc.;

Structured registration of terrorist groups, cells into flexible international networks;

The dispersed location of terrorist bases in several countries;

Coordination and financing of organizations, mainly from abroad.

Often, when analyzing specific terrorist attacks, one has to talk not about the entire set of signs, but about one or another variant - the ante of the actions of international terrorist groups. In this context hallmark participation of international terrorist organizations is the definition of their role, degree of influence and participation, the object of influence not only in Western countries, but also in a number of Muslim countries.

The actions of terrorists in the context of territorial coverage can be considered in terms of two specific types. The first type - terrorist attacks within one country, the second - outside one country or in several countries. At the same time, places where terrorists "nesting" for both types (shelters, bases, caches, training centers, resting places) can be areas on the territory of one or several countries, among whose inhabitants gangs are gaining reinforcements.

Over the past quarter century, the spread of terrorism has assumed dimensions and character of a transnational scale. Terrorism has taken shape in an extensive international "web" with a common extremist ideology and transnational financial receipts. This network is represented by both individuals, cells, and groups, formations, movements of terrorists in different countries. It is important to note that, in our opinion, the specifics of their placement have changed. If earlier the bases were concentrated on the territory of one country, now bases of very different purposes, uses, and sizes are dispersed over the territories of many countries.

The policy of countering terrorism by any state has, as a rule, two interrelated and complementary aspects - preventive, i.e. non-forceful measures to prevent terrorist activities, and, if necessary, armed rebuff.

Preventive action is aimed at depriving terrorists of their social base. It is important to achieve that they become outcasts in their ethnic environment. To do this, it is important to create such moral and social conditions that the people who supply recruits for terrorists turn their backs on them and cut off contact with them. In world practice, for preventive purposes, in particular, economic and other sanctions are used against countries that violate human and civil rights. Another option is the so-called "soft" methods, which allow countering terrorism without resorting to weapons or reprisals. These include reforms designed to neutralize the economic and social causes that gave rise to terrorism, or timely operational economic and administrative actions that can effectively resolve emerging social problems, negotiations with terrorists for an acceptable peaceful resolution of the conflict.

Undoubtedly, a key role in modern conditions in democratic state play legal methods of countering terrorism. Of particular importance is counter-terrorism legislation, which is designed to protect society, the interests of the state and introduce a system of criminal prosecution of the actions of terrorists who position themselves not as criminals, but as fighters for freedom and justice.

As for Russia, while recognizing the priority of early preventive measures, nevertheless, it seems that both the concept and the legislation need to clearly enshrine all regulations relating to the concepts of “war” and “combat situation” in order to act within the framework of the law and not provoke a flood of criticism from the often two-pronged human rights organizations of the West. Since the strategy and form of countering terrorism must be based on the identification of all real causes, various confessional, social and other roots, a contradictory ideological and political base, the methods of combating terrorism can be very different, up to the most severe. At the same time, the use of armed forces and special forces can range from periodic targeted strikes and the elimination of members of terrorist organizations to the systematic massive destruction of bases, deployments, etc. Undoubtedly, one of the main ways to prevent international terrorism in any country is to deprive it of the support of the local population and block sources of funding.

Another important preventive measure is control over the sale and distribution of weapons and explosives. Increasingly, improvised explosive devices are used during terrorist attacks. On the one hand, practically in all countries there has been a tightening of control over all types of weapons and explosives that are freely available for sale. On the other hand, there are sites on the Internet that allow you to freely receive recommendations on the manufacture of various explosive devices.

As the well-known lawyer V.V. Ustinov, the set of measures to counter terrorism should be expanded to include ideological, informational, organizational measures that are designed to form anti-terrorist attitudes among citizens, strengthen a firm opinion in society about the inadmissibility of terrorist methods of struggle and exclude any concessions to terrorists. Thus, measures to counter terrorism can be complex: legal, administrative and operational, and should become a barrier to the creation of terrorist (extremist) groups and organizations, their financial flows, their acquisition of weapons and other means of illegal actions.

It seems that appropriate programs to support those areas of religion that are oriented towards tolerant coexistence of various ethnic groups, respect for dignity and neighborly goodwill can become the best way to combat radical Islam. At the same time, keeping in mind the Afghan scenario of the 1980s, one should not forget about the period when some countries (for example, the United States) supported extremism from outside, thereby solving their geopolitical tasks, incl. at the expense of Russia.

Modern international law provides for both sufficiently effective measures of control, influence, application of norms and standards against states or organizations that do not comply with generally recognized international legal principles, and measures for the protection and struggle of states to eliminate the terrorist threat in order to preserve the foundations of society and the lives of their citizens to ensure their rights and freedoms.

Based on the practice of armed conflicts, international law distinguishes between forms of motivated violence on the part of organizations or movements, such as anti-government demonstrations, putschs, national liberation movements, guerrilla wars, in which international legal norms are observed. In such cases, organizations engaged in armed struggle are classified as political opponents and not as terrorists. But as soon as these principles are violated and armed actions turn into mass attacks against the civilian population or into tactics of intimidation of people, these actions are qualified as terrorism. Their participants are treated as war criminals of an international nature, subject to the articles of the Criminal Code, with whom no political negotiations are conducted.

However, in reality, the use by certain states of double standards in assessing the nature and actions of specific radical and extremist movements, groups, organizations creates more or less serious difficulties on the way to the formation of common positions, forms and mechanisms for combating terrorism and conflict resolution and peacekeeping for such diverse groups of conflicts, such as between the republics of the former Yugoslavia, between Afghanistan and Pakistan, Great Britain and Northern Ireland, Israel and Palestine, the USA and Colombia, the Chechen Republic and the rest of Russia, etc. Building a new system of international relations between states and civil society institutions is becoming an urgent matter in the implementation of the global anti-terrorist policy. In this regard, it seems that it is necessary to correct the principles of international law with an emphasis on the sovereignty of states and, at the same time, in the direction of improving international legal standards and guarantees of human rights, recognizing the legitimacy of introducing equal sanctions against violators of these rights for all, forming transnational legal norms against, to example, global threat cyberterrorism.

Differentiation of individual facets of conflicts requires a closer dialogue of the so-called great powers, a more streamlined negotiation process on the division and complementarity of actions regarding the settlement of conflicts between regional and international organizations that perform different functions in the field of security - such as the UN, OSCE, EU, NATO, CSTO , the SCO, etc. The combination of conceptual and strategic developments and efforts under the auspices of the UN, close regional cooperation and cross-country interaction of anti-terrorist structures is becoming a priority in the anti-terrorist struggle.

Magazine Power, №12, 2012

In terms of content and main forms of manifestation, international terrorism is just as complex a socio-political phenomenon as terrorism in general, and its danger to the world community has been steadily increasing over the past decades. The complexity of this type of terrorism is reflected in the large number of definitions of international terrorism and their very contradictory nature. This is sufficiently recognized by the international community, politicians, scientists and, of course, employees special services and law enforcement agencies of various states, regardless of their political, social and economic structure.

From the point of view of formal logic, "international terrorism" is a specific concept in relation to the concept of "terrorism" and should have all its features. In this regard, it should be noted that the concept of "terrorism" is most often used in a collective sense, so the development of an accurate definition of this category, the establishment of its features and content is difficult. However, it is clear that terrorism is an ideological, social and moral force. IN daily activities terrorist organizations, terror is not a means, but a self-sufficient goal.

International terrorism at the beginning of the XXI century. It is one of the most dangerous and difficult to predict phenomena of our time, which is acquiring more and more diverse forms and menacing proportions. Currently, according to a number of experts, there are about 500 terrorist organizations and groups of various extremist orientations operating in the world. Over the past ten years, they have committed 6,500 acts of international terrorism, from which 5 thousand people died and 11.5 thousand were injured. The terrorist act of September 11, 2001 in the United States surpassed all previous terrorist acts in terms of the volume of actions and the consequences that occurred, which forced scientists and the public to take a fresh look at this phenomenon.

As a socio-political phenomenon, international terrorism reflects the conflict interaction of various forces, which, as a rule, is based on the struggle for power or the possession of material and spiritual values. Like terrorism in general, international terrorism has never developed continuously and consistently. It blossomed there and then, where and when the soil favorable for its occurrence appeared. World experience shows that outbreaks of terrorism mark those historical periods that are characterized by an aggravation of contradictions in the socio-political sphere, a break in social relations, a change state structure, lack of stability, manifestations of nationalism and separatism, rampant crime.

Terrorism has a variety of connections with other social phenomena in the internal life of Russia, which pose a threat to its security.

The complex of threats to Russia's internal security was generated by the systemic crisis of society that developed from the first years of the existence of the Russian Federation and had roots in Soviet society. Prolonged effect of the crisis and the subsequent persistence of many crisis phenomena in various fields public life due to deep and diverse social contradictions that have accumulated and aggravated over the years, not finding an adequate solution.

The systemic nature of the complex of threats to the internal security of Russia finds expression in their existence in all spheres of the country's public life, the relationship between these threats, in their general destructive impact on the security of the Russian Federation, with a specific negative impact of each of them. On threats to internal security, see: Vozzhenikov A.V. National security of Russia: methodology of complex research. and provision policy. M., 2002. S. 214-257; Problems of internal security of Russia in the XXI: mat. scientific and practical. conf. February 15-16, 2001 RAGS under the President of the Russian Federation / Under. ed. A.V. Vozzhenikov. M., 2001. S. 51, 74, 88 and others.

Modern tendencies development of terrorism intensify its danger to the world and humanity See: Avdeev Yu.I . The main trends of modern terrorism // Modern terrorism: state and prospects / Ed. TO HER. Stepanova M., 2000. S. 157 et seq.; Luneev V.V. Trends in terrorism and the criminal law struggle against it / / Social and psychological problems of combating international terrorism / Ed. V.N. Kudryavtseva; comp. JI.B. Briatov. M .: Nauka, 2002. S. 93 and others. The concept of national security of the Russian Federation, approved by Decree of the President of the Russian Federation of January 10, 2000, No. 24, classified terrorism, among a number of other negative social phenomena, among the most serious dangers to life. important interests of the individual, society and the state, and characterizes their protection from terrorism as the most important component of the national interests of Russia, comparable to the fight against natural and man-made emergencies, as well as the dangers that arise in wartime during the conduct of hostilities.

A number of negative phenomena and processes that exist in Russia, differing in content but posing a threat to the country's security, are in different causal relationships with terrorism. Some of these phenomena act as factors that give rise to terrorism in one form or another, while others act as factors conducive to its spread, contributing to the strengthening of its destructive effect. The degree of influence of these factors on terrorism and the nature of their influence on it (direct or indirect) are, of course, different. By their nature, the factors mentioned above relate to various areas of Russian public life. Many authors include the following long-term phenomena in the first group of these factors:

* Crisis processes in the economy;

* Destructive changes in the social structure of society;

* A sharp drop in the quality of life of the population;

ѕ Loss of social guidelines and activity by a part of society, criminalization of all spheres of public life;

ѕ Exacerbation of social contradictions on ethno-national and religious grounds;

ѕ Acute hidden and overt struggle of various socio-political forces, bureaucratic clans, ethno-national elites for access to power, to resources at different social levels with the active use of anti-social forms and methods in realizing their claims.

All this as a whole expresses a sharp aggravation of social contradictions of different nature, left over from Soviet society or formed under the conditions of perestroika and democratic reforms, and which have not been resolved in a timely manner.

The second group of factors interconnected with terrorism and favorable for its development includes a wide range of negative conditions, different in time of occurrence and duration of action, but always contributing to the strengthening or spread of terrorist processes. Among them, many authors include factors such as:

ѕ Low level political and legal culture of a significant part of the population, including those actively participating in the socio-political life of the country;

ѕ Preservation in everyday consciousness of the rudiments of forceful solution of intergroup and other social conflicts;

ѕ Absence of a system of multilevel crime prevention;

ѕ Imperfect activity of law enforcement agencies;

ѕ Insufficient trust of a large part of the population in law enforcement agencies, and much more. On the role of various social and psychological factors in the emergence and spread of terrorism, see: Antonyan Yu.M. Terrorism: crime. and criminal law research. M., 1998. S. 177 et seq.; Drobizheva L.M., Nain E.A. Social prerequisites for the spread of extremism and terrorism // Social and psychological problems of combating international terrorism. S. 39; Petrishchev V.E. . Terrorism as a national problem // Spirituality. Law and order. Crime. M., 1996. S. 78 and others.

The impact of a significant part of these factors on terrorism is not unilateral. Terrorism as a complex phenomenon in content, including not only the actual violent aspect, but also organizational and ideological aspects, and essentially involving the provision of a wide psychological intimidating influence on the population, its individual groups, itself acts as a serious factor in the active influence on various spheres of public life. . Including those negative social phenomena and processes related to them that are considered as threats to Russia's internal security.

Due to its own socio-political orientation, the immediate consequences of terrorist activity, this phenomenon primarily affects the sphere of socio-political relations, deforming positive processes in this area and increasing the negative impact on society of negative processes. The recent history of terrorism in Russia shows how significant and multifaceted this impact can be under certain conditions. Thus, terrorist activity in the 1990s on the territory of North Caucasus until a certain time sharply exacerbated interethnic and interreligious contradictions, contributed to the strengthening of legal nihilism in society, destabilized the socio-political situation, contributed to the aggravation of the critical attitude of a part of the population outside the North Caucasus to the authorities, seriously complicated Russia's relations with a number of foreign states.

The nature, depth and mechanism of the relationship of terrorism with other threats to Russia's internal security largely depend on the nature of these threats, the scale and forms of their manifestation.

A significant group of threats to Russia's internal security are the so-called threat-states, i.e. Relatively stable and long-term states of social relations in various spheres of society, which are the result of the interaction of various objective and subjective factors, to a large extent - mistakes and miscalculations in the policy of the state, business circles, and other social forces in recent and more distant periods time in the history of Russia and the Soviet Union. This group threats to the security of Russia are very different in the nature of their constituent phenomena, however, all of them are difficult to eliminate due to the significance of their own negative potential, their destructive impact on society, as well as the limited opportunities that the latter needs to overcome them.

The threats to Russia's security that belong to this group include, in particular, a high level of polarization of society, a deep gap in the income level of the main segments of the population, primarily the richest and the poorest, the marginalization of a number of social groups society, the presence of interethnic, interreligious and, in general, social tension in society, the legal nihilism of a significant part of the population, etc. This group of security threats is characterized by the predominantly spontaneous nature of their formation and, due to their specific nature, the absence, as a rule, of any organized carrier (subject) of these threats. The influence of the above factors on terrorism is mainly of an indirect nature - through the formation of conflict in society, the production on this basis of various types of antisocial behavior, including terrorist ones.

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;

formation special units and increasing the number of employees of federal structures dealing with the problem of terrorism, improving 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 legislative acts significantly expand the rights of the 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 civil society, all segments 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, only in Moscow, 14 commercial banks were identified that are 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 at the international level, deepening cooperation with foreign law enforcement agencies engaged in the fight against terrorism, and creating 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 special services in 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, there is still 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, train stations, cultural centers, industrial buildings, in premises for trade and professional activity associated with the destruction or damage of property and causing bodily injury 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 social and legal phenomenon, the definition of its features in 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 the development and implementation of large-scale measures, taking into account the new volumes of threats and challenges that the world community is facing 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.

Terrorism in early XXI is unanimously assessed as one of the most dangerous phenomena threatening international security in the context of its connection with transnational organized crime and requiring the most vigorous 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 states and literature, it is defined extensively, not always unambiguously and, ultimately, blurry. These definitions are open to different interpretations.

Sometimes it is difficult to distinguish between acts of terrorism and acts of hooliganism that grossly violate public order, vandalism, murder committed in a generally dangerous way, 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: this definition united by one term diverse phenomena.

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 distinguishing feature from other highly socially dangerous phenomena, formulated by employees of domestic and foreign special services who have experience of 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 killing 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 stated approach provides a moral basis for using the most energetic means to suppress 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 precluding 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, the creation and aggravation of which are to varying degrees the fault of the terrorists and the "third party", or even predominantly the latter. 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 population of the whole 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 indicated understanding to attribute terrorism in the legislation of Russia to the number of crimes against the peace and security of mankind, with all the ensuing consequences. 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.