Foreign experience in the fight against terrorism. When Persuasion Fails

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 the September 11, 2001 terrorist attack on the United States, institutional and managerial formalization of this direction took place within the framework of the UN. 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 the instability of the economy, the instability of political power, the marginalization and miserable existence of a significant part of the population, the skyrocketing unemployment rate, the 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 from 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 humanity;

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, legal methods of countering terrorism play a key role in modern conditions in a democratic state. 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 appears optimal way To combat radical Islam, appropriate programs to support those areas of religions that are oriented towards tolerant coexistence of various ethnic groups, respect for dignity and neighborly goodwill can become. 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 members are treated like war criminals international character, falling under the provisions of the articles of the Criminal Code, with which no political negotiations are underway.

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, both between republics 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 in the implementation of the global anti-terrorist policy is becoming an urgent matter. 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

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

The main activities in this area are:

improvement of the legal framework;

strengthening interaction between the relevant federal authorities;

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

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

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

These 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 it is joined by civil society, all sections of the public.

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

Fifth, strengthening the coordination of anti-terrorist activities 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 directed against the safety of civil aviation, as well as the illegal capture and use nuclear material. However, due to their special international danger, prevalence and variety of forms of commission, to combat them, states, among other things, adopt special conventions, singling them out as separate crimes of an international character.

In view of the above, I would like to note that a clear conceptual description of terrorism as a socio-legal phenomenon, the definition of its features in the modern world will serve as a guideline in order to clearly define the directions, tasks, legal, organizational and resource aspects of the fight against terrorism in the structure of development and implementation of large-scale activities, taking into account the new volumes of threats and challenges that the world community meets at the beginning of the III 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 organs state power and management 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 at the beginning of the 21st century is unanimously assessed as one of the most dangerous phenomena threatening in terms of its connection with transnational organized crime. international security and requiring the adoption of the most energetic measures to suppress and eliminate it.

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

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

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

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

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

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

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

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

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

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

The foregoing provides a basis for a comprehensive professional (and not political or journalistic) discussion of the original concept - what is terrorism after all. 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 general population of the state or a smaller territory, various state institutions, political or public figures. For example, the intimidation of the population in order to ensure a certain model of its behavior through the use of demonstrative violence against individuals completely falls under the understanding of terrorism that was outlined earlier.

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

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

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

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

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

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

Without Borders

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

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

Countering the forces of terror

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

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

the federal law

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

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

Interdiction of terrorism in the air

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

Suppression of terrorism on the water

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

Counter-terrorism internal and external

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

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

National security

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

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

Sources of terrorism

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

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

Fundamentals of combating terrorism

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

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

Security measures

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

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

global threat

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

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

The main tasks of the NAC

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

Terror in the North Caucasus

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

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

When Persuasion Fails

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

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

Terror and international relations

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

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

The role of Russia in the world community

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

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

INTRODUCTION

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

As N. Nazarbayev notes in the book “The Critical Decade”, “the consequence of the globalization of terrorist activity is the formation of special groups of people engaged in 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 mercenaries - professionals ... And, of course, to replenish their funds, terrorist organizations seek to subjugate the drug trade, racketeering, prostitution, arms trafficking, smuggling, gambling business, etc. In particular, a highly profitable area that terrorist organizations seek to control is human trafficking (trafficking of women, sale of children).

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

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

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

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

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

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

features of the geopolitical position of the Republic of Kazakhstan.

The purpose of the course work is to analyze current problems in the international legal cooperation of states in the field of combating international terrorism.

The following tasks are aimed at achieving this goal:

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

analyze legal means and methods of preventing international terrorism;

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

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

1. Qualification of international terrorism

kazakhstan treaty fight terrorism

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

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

At the Conference, the question of the difficulty of defining an anarchist crime was discussed, but the sign of anarchism remained indisputable - the 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. The general principles of the fight against anarchism, enshrined in this document, were advisory in nature. And, apparently, today the tasks solved at the 1898 Conference have remained relevant. In the late 1960s, the world press increasingly reported on hijackings, explosions in embassies, kidnapping of diplomats, provocations and direct attacks on various government and non-government offices, as well as the use of postal services to send plastic letter bombs. In such conditions, the question of combating terrorist acts within the framework of the international community of states sharply arose. In this regard, the Secretary-General of the United Nations, in his note dated September 8, 1972 (A/8791), requested that an item be placed on the agenda of the XXVII session of the UN General Assembly entitled "Measures aimed at preventing terrorism and other forms of violence that threaten the lives of innocent people or lead to their death, or jeopardize fundamental freedoms.

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

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

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

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

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

When characterizing acts of unlawful interference in the activities of civil aviation, it should be borne in mind that acts of violence that began with attempts to seize control of an aircraft in order to use it as a convenient means of transport in order to leave the state, developed into violent actions on international airlines with the aim of hostage-taking or outright destruction of an aircraft by virtue of its registration in a particular state. These actions are accompanied by the death of innocent people, which undermines the credibility of air transport, generates a feeling 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 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 measures border control 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 after famous events September 11, 2001 USA. 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;

) empowerment federal bodies 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 preventing international terrorism, since the prevention of socially dangerous phenomena must be carried out when there is still no potential danger. This is also due to the fact that the prevention of international terrorism lies in the solution of socio-economic problems in the state, the correct course of foreign and domestic policy, the consensual solution of interstate, interethnic and religious problems. To do this, it is necessary to use the practice of combating international terrorism in other countries, and, therefore, to possess information, systematize, analyze and adapt to the conditions of Kazakhstan.

For these purposes, the National Security Committee, the Prosecutor General's Office, the Ministry of Internal Affairs and the Ministry of Foreign Affairs, in order to coordinate actions to combat terrorism at the domestic and interstate levels, have formed a single data bank on terrorism and other manifestations of extremism and separatism on the basis of the relevant interdepartmental normative 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 its own interests (economic, geopolitical, military, etc.), are rather skeptical about the prospect of unanimity of the world community regarding a clear and comprehensive definitions of terrorism. So, in particular, V.E. Petrishchev notes in this regard that “one can, of course, imagine a utopian situation in which the supreme authorities of all states decide to jointly fight international terrorism, relying on certain universal values. However, to what consequences in the field of practical politics the approach leads, when not the interests of one's own country, but "universal" ideals are put at the forefront, we know from the lesson of our own recent history. IN real life statesmen, who care for the well-being of their own country and their people, form a policy, starting precisely from national interests. At the same time, the methods of its practical implementation outside can take the most cynical forms.

In international legal terms, the concept of terrorist activity was first defined in the Convention on the Prevention and Punishment of Acts of Terrorism, adopted by the Assembly of the League of Nations on November 16, 1937. In accordance with this Convention, the participating States assumed the obligation to refrain from any action aimed at terrorist activities directed against another state, and hinder the actions in which these activities are expressed. The participating States also committed themselves to preventing and suppressing the following types of criminal activities directed against the State and with the aim 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 normative legal acts of the domestic law of Kazakhstan and international treaties with the participation of the Republic of Kazakhstan. The Law of the Republic of Kazakhstan dated July 13, 1999 "On Combating Terrorism" defines international terrorist activities:

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

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

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

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

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

Thirdly, terrorism can be subdivided depending on the grouping's focus on ultra-left or ultra-right political terrorism, religious terrorism, and ethnic or nationalist terrorism. Fourth, terrorism can be subdivided, depending on the type of crime committed, into hostage-taking, hijacking, political assassinations, bombings, and other acts. In addition, in recent years, concern has been raised by the possibility of nuclear and chemical terrorism, that is, terrorism using nuclear or chemical weapons, as well as terrorism directed against nuclear or chemical facilities, as well as energy systems. And finally, 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, and the improvement of information technologies. Modern international terrorism is often presented as a special type of war: “This war ... will be a struggle between the haves and have-nots, between those communities and younger generations who feel politically and economically disadvantaged on the one hand, and those who, benefiting from the existing status- quo, defends its traditions, principles and conveniences - on the other ... The tension that gives rise to terrorists in the countries of the "third world", and not only in the Middle East, is spurred on by the information revolution, which encourages the disadvantaged to increasingly rebel against their unequal position.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 for international legal cooperation of various countries to protect airports from international terrorist attacks.

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

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

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

The Republic of Kazakhstan 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 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 viable international system for suppressing 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 in the UN the interests of such regional organizations as the Collective Security Treaty Organization, the SCO, the CIS, making presentations in the field of combating international terrorism and security in Central Asia at meetings and general debates of the UN Security Council on this issue. In such speeches, the Republic of Kazakhstan often assumes responsibility for the support of a regional organization of certain actions of the Counter-Terrorism Committee of the UN Security Council, makes proposals in the field of combating terrorism on behalf of regional organizations. Subsequently, the Republic of Kazakhstan pursues an appropriate policy in regional organizations 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 exchange 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 regulations Ministry of Internal Affairs of the Republic of Kazakhstan and the Regulations on the National Central Bureau of Interpol in the Republic of Kazakhstan.

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

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

Priority in the OSCE is given to cooperation with Kazakhstan.

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

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

The development of interstate cooperation will be facilitated by the creation within the Bureau for Coordinating the Fight against Organized Crime and Other Dangerous Types of Crime on the Territory of the Member States of the Commonwealth of Independent States of a structural unit for coordinating the fight against illicit trafficking in drugs and precursors and its regional operational group in the Central Asian region.

CONCLUSION

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

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

The 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 institutions, their customers and the global cash flow system.

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 to material values ​​is detected. 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. At the Center, it is necessary to create a Kazakhstani State Fund for the fight against 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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The unprecedented increase in the scale of international terrorism over the past decade has made most countries of the world face the need to develop national anti-terrorist systems, which means the totality of the legislative framework, the activities of state bodies, non-governmental organizations, civil society institutions, as well as actions and activities aimed at countering terrorism and minimizing terrorist threats.

The general foreign practice is such that anti-terrorist work is carried out mainly by directives, that is, all major decisions are made at the highest state level and are subsequently implemented, influencing civil society. However, recently there has been a tendency to expand the role of civil society in the structure of counter-terrorism work. Now it is not only an object of influence of state structures, the media and non-governmental organizations, but also a subject that contributes to the maintenance of public order and increases the effectiveness of preventive anti-terrorist measures through its activities. In this regard, consideration of the dual role of civil society in national antiterrorist systems is especially relevant.

ELEMENTS OF NATIONAL ANTITERRORISM SYSTEMS

Summing up foreign experience in the development of anti-terrorist policy, we can say that modern national anti-terrorist systems are a combination of the following elements:

• anti-terrorism legislation and the justice system;
• activities of law enforcement agencies, special services and agencies involved in the field of security (including intelligence services);
• the work of special counter-terrorism groups;
• creation of national antiterrorist centers;
• development of a set of measures to counter extremism;
• development and implementation of counter-terrorism operations;
• the work of services engaged in the elimination of the consequences of terrorist attacks;
• participation of civil society institutions;
• assistance to the media in anti-terrorist work;
• extensive material and technical base (perfect means of communication, computer technology, high-quality modern transport and infrastructure elements).

In the activities of each of these elements, one of the two positions of civil society is realized - the object of protection from the state (passive position) or the subject and participant in the anti-terrorist struggle (active position).

Proceeding from this, most of the elements of anti-terrorist systems are divided into two sections for convenience of consideration. One of them will focus on the foreign experience of state legal and other initiatives aimed at protecting civil society from the threat of terrorism. In the other, the precedents of the active participation of civil society in the functioning of national antiterrorist systems are considered. The third section will include some important elements of antiterrorist systems that cannot be unambiguously assigned to one of these poles.

PROTECTION OF CIVIL SOCIETY FROM THE TERRORISM THREAT. AUTHORITIES INITIATIVE

LEGAL FIELD OF THE ANTI-TERRORISM FIGHT

Terrorism has been on the international agenda since 1934, when the League of Nations began drafting a convention to prevent and suppress terrorism. The convention was not without difficulty adopted in 1937, but never entered into force. Modern international anti-terrorist legislation, as a rule, contains specific provisions that allow a state that has suffered from a terrorist attack or is in a state of real threat to expand the possibilities of its own domestic legislation.

There are currently 13 key international instruments relating to terrorism. These are international agreements of the UN countries. Most of the provisions of these documents have already been implemented by many countries within the framework of domestic legislation. So, international anti-terrorist measures are presented in the following documents:

• Convention on Crimes and Other Unlawful Acts Committed on Board Aircraft (Tokyo, 1963);
• Convention for the Suppression of Unlawful Seizure of Aircraft (The Hague, 1970);
• Convention for the Suppression of Unlawful Acts Endangering the Safety of Civil Aviation (Montreal, 1971);
• Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (Montreal, 1988);
• Convention for the Suppression of Unlawful Acts Endangering the Safety of Maritime Navigation (Rome, 1988);
• Protocol for the Suppression of Unlawful Acts Endangering the Safety of Platforms Located on the Continental Shelf (Rome, 1988);
• Convention on the Physical Protection of Nuclear Material (Vienna, 1980);
• International Convention Against the Taking of Hostages (New York, 1979);
• Convention for the Prevention of Crimes against Internationally Protected Persons, including Diplomatic Agents (New York, 1973);
• International Convention for the Suppression of Terrorist Bombings (New York, 1997);
• International Convention for the Suppression of the Financing of Terrorism (New York, 1999);
• International Convention on the Marking of Plastic Explosives for the Purpose of Detection (Montreal, 1991);
• International Convention for the Suppression of Acts of Nuclear Terrorism (New York 2005).

In addition, the draft Comprehensive Convention on International Terrorism is being discussed, which is designed to collect the main provisions of the listed legal documents, supplementing them with provisions, the need for which is dictated by the current situation.

Over the past 40 years, 3 European anti-terrorist conventions have been signed, as well as 2 American, 2 Asian and 3 Arab ones. In 1992-1993 3 Resolutions of the UN Security Council were adopted, which, in particular, secured the right to exchange intelligence between member states, and also decided to create a Counter-Terrorism Committee based on the UN Security Council.

The UN Global Counter-Terrorism Strategy, adopted by the UN General Assembly in 2006, was the first international official document to recognize the significant role of civil society in the counter-terrorism activities of states. According to the Strategy, civil society realizes its function through the work of various anti-terrorist non-governmental organizations.

NATO's main position on the role of civil society in the fight against terrorism is reflected in some of the recommendations expert committee on anti-terrorist work to the participating countries:

• It must be recognized that the fight against terrorism requires long-term commitment on the part of the state and active popular support, which is a vital condition for the success of any counter-terrorism efforts.
• Recognize that providing an effective basis for implementing a coherent approach to the protection of civilians and reaching consensus on the coordination of the efforts of society and the state is possible only if the country is included in the international dialogue on this issue.

Some special cases of anti-terrorism legislation are presented in Appendix 2.

ACTIVITIES OF STATE BODIES WITHIN THE FRAMEWORK OF NATIONAL ANTI-TERRORISM SYSTEMS

USA

An important role in the fight against terrorism in the United States is assigned to a special department within the FBI. In addition, there are anti-terrorism departments in various government departments, such as the Office of Migration and Citizenship (Bureau of Citizenship and Immigration Services). Some of the investigative and supervisory functions have been transferred to the customs and transport departments.

A new intelligence agency was created in the United States in September 2001. This is the Internal Security Directorate, which coordinates the work of 40 security agencies. The head of the Department reports directly to the President and is his adviser on issues of combating terrorism.

Some institutions, such as the Counterintelligence Force Protection Source Operations, collect data - the results of the activities of smaller subordinate bodies - for the preparation of reports. Based on these data, a general plan of action is later developed. Intelligence services have ample opportunity to collect and analyze a huge amount of information coming from different areas. The information is transmitted directly to the National Counterterrorist Center, whose employees, based on the data collected, draw a conclusion about the degree of threat and decide on the need to develop specific measures. Offensives are coordinated by another agency, the National Security Council.

Each major military counterintelligence service specializes in performing specific functions. Among these services:

• U.S. Army Criminal Investigation Command;
• Office of Special Investigations of the US Air Force (U.S. Air Force Office of Special Investigations);
• U.S. Naval Force Department of Special Investigations, etc.

The system of US government agencies conducting counterterrorism activities should also include:

• USMC Fleet Antiterrorism Security Team;
• US Air Force Antiterrorism Security Team;
• U.S. Department of Human Services. This structure oversees the activities of a number of organizations engaged in the elimination of the consequences of terrorist attacks, which work in cooperation with various state and local organizations. Psychologists can be involved in this work, if necessary.

INDIA

The closest equivalent of the US Office of Homeland Security in India is the Department of the Interior, which runs the national police force, paramilitaries, and intelligence groups.

India has several intelligence agencies that monitor terrorist activities at home and abroad. The Research and Analysis Wing is the foreign intelligence unit, and the Intelligence Bureau is the domestic intelligence unit.

The Anti-Terrorism Squad has branches in all Indian states. This special unit was formed in December 1990. Over the 20 years of the branch's existence, its work has contributed to a decrease in the level of crime, in particular in Mumbai, by 70%. The Anti-Terrorism Branch cooperates with the Analytical and Research Center and the Intelligence Bureau, as well as similar structures in other countries. However, after the terrorist attacks in Mumbai in 2008, it became clear to the Indian authorities that an additional agency was needed. At the moment, a new National Center for Combating Terrorism has already been established. More than 1,000 law enforcement officers are involved in its work.

In addition, it was decided to expand the scope of anti-terrorism cooperation between India and the UK. The big problem, according to the Indian authorities, is that the people are not properly prepared for "self-defense" from terrorist attacks, and the experience of such a kind of defense, which differs from national defense and military measures, should be adopted primarily from the United States and Great Britain.

CHINA

Almost a year after the terrorist attack that took place in China on the eve of the Beijing Olympics, a decision was issued by the PRC authorities, according to which the People's Liberation Army of China will be involved in anti-terrorist operations.

In modern conditions, any country needs to intensify contacts with foreign armed forces of states that have already come face to face with extremism. The Chinese authorities decided that it was the army that could effectively and urgently carry out these works.

It was assumed that subsequently foreign cooperation would include joint efforts to disarm terrorists in the event of a real terrorist threat to the PRC. The army today has high hopes for minimizing the threat of a recurrence of terrorist attacks in China.

WORK OF THE SPECIAL COUNTER-TERRORISM GROUP

Today, in many countries, special units (counter-terrorist groups) have been created and are functioning to combat terrorist threats and the consequences of terrorist attacks. They are tactical units whose task is to prevent terrorist attacks on the territory of a country or region. Such units are also involved in the release of hostages.

The international community jointly creates such groups, and within their framework, carries out a number of measures to combat terrorism and eliminate its devastating consequences. In particular:

• 20 countries contribute to the UN operation called "Enduring Freedom", the essence of which is to eliminate terrorist groups in their places of deployment;
• 36 countries take part in the operations of the International Security Assistance Force (ISAF) providing security in Kabul and its environs;
• 22 countries are helping to restore public order and socio-economic infrastructure in areas affected by terrorist attacks or anti-terrorist operations through participation in the Provincial Reconstruction Teams (PRTs).

PREVENTIVE ACTIVITIES OF NATIONAL ANTI-TERRORISM CENTERS

The activities of the national antiterrorist centers were especially widespread in the territory of the United States. On their base there are constantly round-the-clock hotlines (Free government information line: terrorism), as well as annual conferences, such as, for example, “Antiterrorism. Police. Civil defense” (“Antiterrorism. Police. Civil defense”).

In particular, the role of one of these centers was temporarily performed by the National Commission for the Investigation of Terrorist Attacks on the United States. The main goal of her activity was to study the circumstances that preceded the September 11 attacks, to draw up recommendations for preventing similar incidents in the future. The commission existed for 20 months, after which it issued a final report on the results of the work done. The document contained 37 specific recommendations, among which the following should be highlighted:

• the formation in the United States of a single department to combat terrorism (at that time, the US intelligence community included 15 agencies and departments);
• spreading and defending American ideals in the Islamic world through more active public diplomacy, especially among students and non-governmental leaders.

It is worth noting that working group The Presidium of the State Council of the Russian Federation on the issue of interaction between state authorities and religious organizations in countering extremism was asked to adapt the measures developed by the Commission and apply them to Russian reality.

According to the former coordinator for combating terrorism at the US State Department, Francis Taylor, one of the key areas in the fight against the terrorist threat should be to prevent the provision of the material base of terrorists. First of all, the danger is the financial assistance provided to foreign terrorist organizations by US citizens. This criminal offense should not only be prosecuted under the law, but also publicly condemned in every possible way. In the last 2-3 years alone, the United States, Great Britain, Canada, Greece, India, the Philippines and some other countries have introduced amendments to their anti-terrorist legislation that toughen punishment for financial assistance to extremists. However, it is impossible to limit ourselves only to amendments to laws, it is necessary, according to Taylor, to create a special body whose competence will include the prevention of this kind of financial crimes.

Also, the role of anti-terrorist centers is performed by 3 committees included in the structure of the UN Security Council:

• Counter-Terrorism Committee (CTC)
• Al-Qaeda and Taliban Sanctions Committee
• Committee to Control the Proliferation of Weapons of Mass Destruction.

DEVELOPMENT AND CONDUCT OF COUNTER-TERRORISM OPERATIONS

NATO

Ever since the mid-1990s. Within the framework of NATO, a forum devoted to the fight against terrorism was regularly held. One such forum resulted in the creation of Allied Command Operations. This organization is called upon to conduct anti-terrorist special operations. Among the most famous of them are:

• Operation "Decisive Measures". It was carried out jointly with the forces of the NATO Navy and consisted of round-the-clock patrolling of offshore facilities located in the Mediterranean Sea.
• Peacekeeping operation in the Balkans. It consisted of helping to create the conditions necessary to limit potential terrorist activities. NATO forces are also working with regional authorities on border security issues. Assistance includes the control of illegal crossing of state borders, as well as the transportation within the region of weapons and drugs - important economic sources of financing of terrorism.
• Ensuring public safety. NATO also provides security assistance for major public gatherings and events in alliance countries that could be of interest to terrorists. The Directorate, at the request of any NATO member state, can deploy an airborne early warning and aviation control force, as well as launch the work of elements of chemical, biological and nuclear defense. In this way, NATO has assisted in providing security for summit meetings, ministerial meetings, as well as sporting events.

ENGLAND

The London Police have developed several basic types of anti-terrorist operations. Some of them were held only once, others were put on a regular basis. The following will provide open information about the essence of these operations:

• Operation Clysdale. As a rule, during such an operation, a raid is carried out in order to find suicide bombers and their accomplices. Officers are allowed to shoot to kill if they deem it necessary and justified.
• Operation Rainbow. The longest police operation ever conducted. It is designed to develop an open, public strategy to combat terrorism. Investigators collect information about the threat of terrorism in the city by methodically reviewing recordings from surveillance cameras located at absolutely all objects - in transport (in public transport, as well as at airports and railway stations), restaurants, hotels, shops, private companies and non-profit organizations , residential apartments, medical centers, on the streets, etc.
• Operation Lightning. This is an intelligence gathering operation. It is carried out by the Counterterrorism Command and is designed to record and analyze suspicious sightings of citizens.
• Operation Nevod. It is aimed at identifying the location of criminals associated with terrorist organizations by working with extensive databases and connecting the so-called "key indicators" - credit cards, fake documents, etc.
• Operation Truck. Designed to combat criminals directly associated with major international terrorist groups, including Al-Qaeda, who are engaged in theft of vehicles, illegal concealment of hazardous substances (materials that can be used as nuclear, biological or chemical weapons).

The special anti-terrorist operations carried out in the UK in 2006 deserve special attention. Despite the fact that by that time more than a year had passed since the terrorist attacks, anti-terrorist operations involving 500 law enforcement officers in England were carried out regularly. During one of them, nine people were arrested. Only two of them were later proven not to be involved in terrorist activities. Thus, long-term measures to counter terrorism have proven to be effective and justified.

A major counter-terrorism operation was scheduled for autumn 2009, but was temporarily postponed. Due to the negligence of one of the police commissioners, Bob Quick, some top-secret information became known to the public. Fearing insinuations in the press and misinformation of citizens, the British secret services decided to cancel the operation.

AUSTRALIA

In 2009, the Australian police launched a major counter-terrorism operation. As it became known to the authorities, there were 4 people in the country engaged in preparations for the attack. Approximately 400 members of the state and national security services took part in 20 search activities that resulted in the capture of these individuals. They turned out to be key figures in one of the extremist groups.

DEVELOPING A COMPLEX OF MEASURES TO COUNTER EXTREMISM

EUROPEAN UNION

Terrorism was at the top of the agenda at the European Union summit in Brussels in March 2004. The reason was the explosions that thundered in Madrid on March 11 and claimed the lives of 190 people. The leaders of the EU member states discussed a number of measures common to all that must be implemented within the framework of national anti-terrorist systems. It was assumed:

• rigorous implementation of already agreed anti-terrorism measures, such as a pan-European arrest warrant, the unification of penalties for terrorist offenses and the freezing of financial assets belonging to illegal groups;
• tracking all telecommunications data, primarily mobile phone calls and e-mails;
• activation of security in ports, airports, auto and railway stations within the EU, as well as other elements of the transport network.

After the attacks in London and Madrid, it became clear that the EU member states should intensify cooperation in order to prevent terrorist attacks in the future, since by that time the supranational structures of the EU were involved in only 10% of investigation teams and search activities. The main goal of the anti-terrorist measures planned by the EU is to provide citizens of all participating countries with the opportunity to live in freedom, peace and security. The task of rallying efforts falls mainly on civil society, since the necessary legislative and technical base has already been created, however, in emergency situations, states, as a rule, prefer to independently conduct anti-terrorist work. Methods of combating extremism may be different, but society is always in approximately the same position - fear, disappointment in the actions of the authorities, the desire to defeat the future threat. Such unity in the position and aspirations of citizens should be used by the EU authorities in order to rally the forces of states in the war on terror.

USA

The U.S. Command Antiterrorism Operations Order, issued in June 2005, focuses on U.S. counterterrorism efforts. It contains 285 pages of directives to be followed by various authorities.

In the United States, anti-terrorism legislation is developed both at the federal and state levels. For example, the state of Ohio adopted its own Patriot Act, which is somewhat different from the federal one. In Kansas, the local government recently approved its own comprehensive counter-terrorism plan. In addition to the fundamental measures that need to be implemented at customs, within settlements, in transport, etc. the text of the ordinance also includes items related to increasing street lighting, especially in areas of educational institutions, and other specific recommendations for public utilities in the state's communities.

JAPAN

After analyzing the magnitude of the threat of international terrorism and taking into account the sad experience of the Philippines, Egypt, England and Indonesia, which suffered from major terrorist attacks in 2005, in December of the same year, the Japanese government initiated the adoption of a new special anti-terrorist package of measures. In particular, now every foreigner entering the country (including repeatedly), as well as permanently residing on its territory, must provide operational authorities with their fingerprints. Japan strongly supported the American invasions of Afghanistan and Iraq, and therefore the authorities feared that their own country could become another target for terrorists. Such preventive measures, as time has shown, were quite justified. In order to inform citizens about all the innovations and, in general, the essence of the anti-terrorist policy, an Internet portal dedicated to the protection of citizens from the terrorist threat (Civil Protection Portal) was created in Japan.

SUPRANATIONAL LEVEL

The OSCE Strategy for Addressing Threats to Security and Stability in the 21st Century (2003) recognized terrorism as a major threat to public order. The document calls for the development of measures to prevent terrorist groups from gaining access to weapons of mass destruction and related technologies. To date, a single comprehensive international agreement of this kind has not yet been developed.

PARTICIPATION OF CIVIL SOCIETY IN FUNCTIONING

NATIONAL ANTITERORISTIC SYSTEMS

FORMS OF PARTICIPATION OF CIVIL SOCIETY IN COUNTERTERRORISM

A very common approach in the West today, in which the government, before placing hopes on manifestations of initiative from citizens, undertakes to inform the population about the degree of the terrorist threat, the measures taken, the existing forecasts for the development of the situation, and much more.

The experience of the United States in the field of informing citizens and educational work with the population

In particular, the FBI's special anti-terrorism department prepared and presented on its website a material on the minimum necessary precautions. Citizens are invited to familiarize themselves with information about places of increased danger, about recommended actions in case of detection of dubious packages and bundles on the streets, in transport and other public places. Among the information offered, there is information regarding the official assessment of the level of terrorist threat at a particular moment, as well as a kind of “instruction” for those who plan to travel abroad to “dangerous” zones.

Orientation of citizens in the space of antiterrorist work is one of the activities of The International Counter-Terrorism Officers Association, operating in the United States. The association, created after the events of September 11, 2001, is made up of law enforcement, fire, military, first responders and other security professionals. The Association adheres to the following position: civil society should be directly involved in the fight against terrorism, only then it will be possible to talk about conducting truly nationwide counter-terrorism work; however, for this it is necessary that a common understanding of the very essence of international terrorism, the scale of the threat and the nature of the measures taken by the state to combat this phenomenon be formed in society.

To this end, the Association is working to create a specific system of anti-terrorist education for schoolchildren, within which the younger generation learns the rules of behavior in an extreme situation, and also learns to distinguish a real threat from an imaginary one (an obstacle to inciting Islamophobia). Such educational and ideological work is perceived as very difficult, but necessary, because without it it is impossible to talk about cooperation between the efforts of civil society and state security agencies. The United States authorities believe that engaging citizens in the fight against terrorism improves the effectiveness of government operations. And it must be said that such measures proved to be effective: during the first year of the implementation of the program, the activities of many organizations and individuals suspected of helping terrorists were suspended.

In addition, non-governmental organizations of a wide profile dealing with a whole range of public policy issues, such as, for example, the World Policy Institute (USA), offer their projects and programs in this regard. The Institute took the initiative to develop a set of measures that should be implemented by both the government and citizens. Information and reconnaissance activities, according to the developers of the project, can and should become the sphere of joint competence of these two subjects of the antiterrorist struggle. At the same time, departmental structures take control over classified information, and the task of citizens is to:

• increased vigilance;
• demonstration of active citizenship;
• willingness to cooperate with law enforcement agencies, inform them of suspicious facts.

At the initiative of the United States Department of State, it was decided to use the professional knowledge of employees in the field of counterterrorism work and direct them to the preparation of a special program designed for both law enforcement officials and ordinary citizens. The main goal of the "US Department of State Anti-Terrorism Program" is to assist in ensuring the security of the country's citizens both on a daily basis (within the state) and during foreign tourist and business trips. The program is not only informational and educational in nature, but also contains an element of propaganda aimed at establishing contacts with foreign officials in order to achieve a common understanding of the most serious threat and the desirability of conducting a joint fight against terrorism. More than 20,000 employees from more than 100 countries have already been trained under this program.

A similar experience in Israel

Whereas in the United States the responsibility for educating citizens about the threats of contemporary international terrorism is assumed primarily by state bodies, in Israel the main work in this direction is carried out by non-governmental organizations. The International Institute for Counter-Terrorism is an Israeli public organization that aims to provide detailed information to the citizens of the country regarding the history of terrorism, the current state of affairs, the level of threat, methods of struggle and decisions made at the state level. Popularization of the manual "All you need to know about terrorism", prepared by this organization, not only draws attention to the problem and encourages the public to assist the authorities in solving it, but also unifies the public's ideas about the causes, features and consequences of terrorism in Israel.

The organization cooperates with the International Counter-Terrorism Academic Community. Within the community, teamwork Israeli and invited world experts on the development of new mechanisms to counter the terrorist threat, the search for ways of interaction between the authorities and citizens.

In general, the activities of Israeli public counter-terrorism organizations are propagandistic in nature. Among other things, they do their best to convey to the audience the idea of ​​the inadmissibility of aiding terrorists, as well as the catastrophic threat of "civil negligence" - the unwillingness of citizens to independently worry about their own safety and the safety of others.

Programs to stimulate the activity of citizens

Serious funds are allocated from the US state budget to expand cooperation with civil society institutions in the fight against terrorism. Thus, in 2002, when the consequences of the events of September 11 dictated the need for large-scale investments in anti-terrorism activities, the amount of funds amounted to $230 million. citizens informing the police about suspicious actions of neighbors, work colleagues, casual acquaintances, etc.

Also, at the initiative of the State Department, the Justice Reward program was launched. A reward can be received by any citizen who promptly provided information that became known to him about an impending terrorist attack or the location of terrorists. The amount of remuneration directly depends on the scale of the prevented crime, and can reach 5 million dollars. This program is designed to make aiding terrorists less profitable for citizens than cooperating with the authorities.

Involvement in public order activities

Perhaps the most illustrative example of the involvement of civil society in the implementation of countering terrorism is the so-called functioning in Israel. "People's squad" is one of the largest volunteer organizations that exist today in this country. The Israel People's Militia is a branch of the Israeli Police and has over 50,000 volunteers, while the number of full-time police officers is less than 30,000. The "vigilantes" are entrusted with the function of patrolling the streets, shopping centers, public transport (the most frequent object of terrorist attacks in Israel). At the same time, they officially have the right to carry weapons and use them if necessary. Participation in this work is considered very honorable in Israel and enjoys public approval.

It should be noted that the emergence of such civil society institutions as the "People's Druzhina" is explained not only by the need for preventive measures in the fight against terrorism, which has a colossal scale in Israel, but is also the result of the large-scale educational work carried out in the country, which was mentioned above.

In the state of Tennessee (USA), on the initiative of several police officers, a regime of regular 24-hour raids was introduced on city streets, as well as various organizations and institutions. It is especially important that in taking such an initiative, the local police officers acted primarily as enterprising citizens who wanted to live in a safe state, and not as representatives of law enforcement agencies. They did not receive any directives regarding such raids; the initiative to carry them out came from the police themselves.

During one of these raids, an unprecedented number of citizens - 71 people - were arrested. More than thirty of them were later charged with involvement in terrorist activities. This operation is called "Sudden Strike". The regularity of its conduct is not disclosed, but it is known that only 50 staff members are involved in the implementation of each of the raids. Thus, the main work of law enforcement agencies is going on as usual.

CIVIL SOCIETY AS A REGULATOR OF METHODS AND SCALE OF ANTI-TERRORISM WORK

The global terrorist threat provokes the introduction of an important issue on the agenda - the search for a balance between civil liberties and the limits of what is permitted in the fight against extremism. The large-scale "war on terror" today makes it possible to detain people suspected of conspiring with terrorists and keep them in detention for a long time, violating the rights provided for by the Geneva Convention. This issue has sparked a broad public debate.

Expanding the powers of the authorities in the fight against terrorism

USA. One of the results of the large-scale educational work being carried out in the United States should be considered a better understanding by the American public of the essence of the terrorist threat and an awareness of the need to assist state structures in the fight against terrorism by all means available to ordinary citizens. One of the "passive" forms of such assistance can be considered the awareness of the need for some "extreme" measures, which the authorities are forced to take in emergency conditions.

An illustration is the so-called adopted by the US Congress after the events of September 11, 2001. “Patriotic Act” is a federal law that provides for the possibility of restricting a number of rights and freedoms of citizens in order to take preventive measures to combat terrorism. The law provides, in particular, for expanding the powers of special services to listen and record telephone conversations, control e-mail, access to bank accounts, increase the period of detention of foreign citizens suspected of terrorist activities without charge, etc.

During the development of this law, the main emphasis was placed on the need to maintain a balance between a reasonable and necessary restriction of democracy, on the one hand, and the preservation of its basic values, on the other. As a result, this law received support not only among congressmen, but also among ordinary Americans. At the same time, there was a clear understanding that the expansion of the rights of the special services would require the strengthening of civilian control over the security forces in order to prevent abuses on their part.

India. This country has been hit extremely hard by terrorism. Terrorism is sometimes referred to as "low-intensity warfare". However, the losses that India has suffered in the past two decades due to the growth of terrorist activities are comparable to the losses from hostilities. More than 70,000 civilians were affected by the attacks. More than 9,000 security personnel also became victims. Nearly 6,000 people were left without shelter and livelihood. These figures explain why one of the toughest anti-terrorist laws was in place in India between 2002 and 2004.

This law, adopted in 2002, qualified any aid to terrorist groups as extremist activity. Such activities were punishable by life imprisonment and, in exceptional cases, the death penalty. Also, the document contained a norm declaring it a crime to conceal from the authorities information related to impending terrorist attacks, their organizers and accomplices. As Indian legislators felt, emergencies call for extraordinary remedies. However, this law was repealed in 2004 after evidence of abuse of power by law enforcement officers was found. However, after the recent series of bombings, some Indian politicians are calling for the law to be rehabilitated.

It should be noted that in some Indian states, such as Karnataka and Maharashtra, laws against organized crime and anti-corruption laws are no less stringent than certain elements of anti-terrorism legislation, but they have not yet been repealed.

"War on terror" vs human rights

Civil society today found itself in a very difficult position: between the position of the victim of the actions of extremist groups and the victim of the methods of combating terrorism. So says Martin Sheinin, a UN expert in the field of protecting human rights in the context of the fight against terrorism. In particular, the scope of the “war on terror” has led to an increase in cases of gender-based human rights violations. Young Muslim women living in Europe, and even having citizenship, are increasingly becoming the object of increased attention of the authorities.

Today, the course taken, in particular by the EU countries, for a tough approach to the fight against terrorism is being actively discussed. Every year more and more countries introduce amendments to their anti-terrorist legislation that tighten measures to counter extremism. France is one of those countries. Back in 2005, in the wake of the terrorist attacks in Madrid and London, France, fearing becoming the third target on this list, decided for its part to toughen the prison terms for convicted terrorists, strengthen video surveillance in public places, and organize mobile police operations to search for suspects directly in the countries where the main terrorist training camps are located.

Many political experts in the UK fear that modern counter-terrorism measures threaten the fundamental rights of members of society. After the London Underground bombings in July 2007, a bill was put forward in the UK Parliament that allowed:

• the use of torture as a method of interrogation of persons suspected of involvement in terrorist attacks;
• special legal proceedings and secret preliminary investigation;
• criminalization of any form of "indirect incitement" to extremism in oral, printed or electronic form;
• prolonged detention of terrorist suspects;
• the closure of places of worship used to foment extremist activities.

According to the British public, the authorities thereby seized on any opportunity to expand their rights and powers, instead of responding rationally, effectively, and most importantly, promptly to emerging threats and challenges. The use of torture, in particular, is contrary to the norms of international law, which dictate an absolute ban on violent forms of investigative work and do not allow exceptions, even for reasons of national security. The expression of "extreme views" and the "justification" and "glorification" of terrorism were also outlawed under the new amendment. Such speeches, whether spoken or printed, were presented as "a direct threat to the national security and public order of Great Britain".

One of the most controversial amendments concerned the possibility of closing down places of worship used as a "hotbed of extremism", as well as the deportation of some Muslim priests from the UK with the wording "not able to preach". Obstruction by the authorities in the practice of worship is illegal. However, the British government, not fearing for the consequences, nevertheless considered it necessary to risk violating the right of some citizens to freedom of expression in the name of maintaining the safety of the whole society. These measures received an extremely negative assessment from many countries, but they proved to be effective in specific political conditions, and after 3 years the amendments were canceled.

Canadian political culture is characterized by a process of finding a balance between effective counter-terrorism measures and respect for the rights of ordinary citizens. This is especially relevant in cases where the public becomes aware of the precedents of infringement of the rights of citizens of Canada of Arab origin. The question arises of creating organizations that would undertake to provide assistance to people who have been subjected to increased attention from the authorities and who do not know how to competently appeal to their rights.

After all, if civil society is involved in the fight against terrorism, then the degree of its protection and protection of the rights of citizens in the course of this joint struggle places an additional burden on the shoulders of the state. This is one of the key problems facing most developed countries today.

Janice Tibbets, an authoritative Canadian judge and well-known human rights expert, is convinced that the terrorist attacks that have shaken the world over the past 10 years are the worst catastrophe for humanity, but this should not be an excuse for developing brutal anti-terrorist measures. Counter-terrorism measures must be effective, and this must be achieved through the development of large-scale, operational threat control and prevention networks. Terrorism is one of the main enemies of primary natural civil rights. And to fight it by reducing these rights to an even greater extent is a perverted path.

Janice Tibbets expressed her point of view as part of a public discussion that flared up in Canada on the extension of the anti-terrorism law, which allowed preventive arrests of foreigners and subsequent verification of their identity. Such unconstitutional measures were inevitable in 2002, when the memory of the September 11 attacks in the United States was still fresh, but after 5 years it was decided to cancel this part of the legislation. Summing up the practice of applying these amendments, the experts came to the conclusion that these provisions did not play a significant role in the fight against terrorism, and therefore should be immediately repealed. Thus, Canada has made a choice in favor of the rights and freedoms of its citizens.

Not much is widely known about the antiterrorist policy of the Arab countries. An objective assessment of the measures applied there can only be based on an analysis of the legislative framework. Most of the inside strategic information is not made public - and this is an element of national policy. Last year, Human Rights Watch published a report on domestic security in Saudi Arabia. Antiterrorist work became a separate section of this report. As for objective indicators - the number of those detained on suspicion of terrorism, the terms of their detention and other technical issues - Saudi Arabia maintains a fairly high European, one might even say democratic level of respect for individual rights. However, it remains unclear what is happening in the prisons, rehabilitation centers and courtrooms of this country. The level of civil participation in political processes in the Arab countries is traditionally low, so there is no need to talk about the high role of civil society in the formation of national anti-terrorist systems. This fact creates additional conditions for the authorities, making it possible to hide the actually applied measures to combat international and domestic extremism.

So, any violation of human rights in the course of counter-terrorism work must be controlled by the population of the country, and the role of civil society in this regard is to active protection own rights. Every citizen must be aware that it is he who is the guarantor of the justice of social foundations. Society, as the bearer of power, can and should take on itself the function of regulating the actions of state institutions.

Every citizen has every reason to be a real subject of control in the implementation of anti-terrorist operations, and to control any of these situations from the point of view of ensuring human rights and freedoms. This is how civil society in the West realizes one of its most important functions. In addition, public structures and non-state associations should develop, formulate and improve the ideology of countering terrorism.

PUBLIC ORGANIZATIONS AS CENTERS FOR DEVELOPING A METHODOLOGY FOR INTERACTION OF INSTITUTIONS OF CIVIL SOCIETY AND THE STATE IN THE CONDITIONS OF THE FIGHT AGAINST TERROR

INTRAC (international NGO Training and Research Centre) is an international non-governmental research and training center that supports non-governmental organizations and civil society institutions around the world in the field of policy research. The Center seeks to strengthen the role of civil society in politics through research and analysis of its potential as an actor in socio-political relations.

As one of the key areas for the integration of forces, the center offers anti-terrorist work. As planned by the center, citizens should not only be educated, but also actively involved in the development of anti-terrorist measures. An active civil position implies not only assistance to the authorities in the form of tacit consent to actions, but also concrete assistance in the so-called “War on Terror” that is being waged today by the United States, Great Britain, Israel, and others.

The Center comes up with the idea of ​​creating in the USA (and then assisting in the distribution in other countries) of the Civil Control Organization. The center came to the conclusion about the need for such a structure after conducting an overview study that revealed a discrepancy between the “policy of deterring terrorism” and the practice of infringing on the rights and freedoms of citizens under the auspices of countering extremism. Civil society in such a situation should realize its function as a guarantor of a democratic system. It must take upon itself the protection of human rights from the usurping power of the state, since the repressive and anti-democratic abuses of the United States authorities in the course of the fight against terrorism put some public organizations in conditions (partial restriction of freedom of speech and organization) in which it is impossible to fully carry out their work.

"Independent zone" (Independent sector) - one of charities, which are a platform for cooperation and cooperation of the efforts of many American (and not only) non-governmental funds, programs and organizations. The "Independent Zone" aims to promote the establishment of peace and order in all countries. Its experts believe that for the full and effective life of all state institutions, it is necessary to educate active citizens who want to work together to build an open, just and healthy society. From this standpoint, the organization also looks at the possibility of citizens' assistance in the antiterrorist work of the state.

In 2004, the Independent Zone released a handbook, Counter Terrorism Handbook: Measures, to help non-profit organizations and foundations to learn about the new requirements imposed by the US authorities on their activities in order to prevent the financing of terrorist groups and unintentional complicity. This handbook is a summary of the most important provisions of the federal anti-terrorism legislation, and also contains lists of individuals and organizations with whom financial transactions may be risky in terms of aiding terrorism. This information has become, as time has shown, in demand not only among public organizations, but also among commercial firms and even individuals.

IMPORTANT COUNTER-TERRORISM STAKEHOLDERS

THE ROLE AND PLACE OF THE MEDIA IN THE ANTI-TERRORISM SYSTEMS OF THE WESTERN COUNTRIES

One of the main mechanisms for conveying the ideas of the anti-terrorist struggle to the general public in the West is the mass media, which pays special attention to the content of messages devoted to terrorist and anti-terrorist topics.

The media could become an effective means of combating terrorism in modern conditions, but the difficulty lies in the fact that, on the one hand, their actions increase fear and panic among the population, on the other hand, only with a competent approach can they act as a means of preventing terrorist attacks.

That is why in some foreign countries the introduction of restrictions on the coverage of certain aspects of the manifestation of extremism is practiced. At the same time, there is no need to talk about the existence of a wide range of directives and prohibitions regarding the publication of news information, due to the fact that freedom of speech and the press is an integral attribute of any democratic Western state. However, in some countries there are quite strict restrictions enshrined in law.

Thus, the Federal Information Security Management Act, which has been in force in the United States for 8 years, prohibits the dissemination of anti-state ideas, which include, among other things, unverified information about terrorist acts, a threat to national security, and distortion of the official position. authorities regarding ongoing crimes against the public.

Israel, in turn, chose a different model - an appeal to the social and moral responsibility of the press, provided there were no severe restrictions on its activities (except in cases of disclosure of state secrets and violation of other legal norms).

The counter-terrorism systems developed in the United States and EU countries in recent years are characterized by an urgent response to information about impending or already occurred terrorist acts. In this regard, as a rule, the official position of the competent authorities gets into the media rather quickly, and the content of news reports is then built on the basis of these official materials. Thus, by ensuring the operational work of responsible departments (police, special services, etc.), the state is trying to solve the problem of possible misinformation of society by unofficial sources, avoiding the use of harsh censorship methods.

However, problem areas still remain. One of them is the Internet, which allows "unverified sources" to get ahead of the authorities in filling the information vacuum. At the same time, the harsh methods practiced, for example, in Saudi Arabia, China, Cuba, where the Internet is represented in a limited segment and is subject to censorship, for objective reasons, have not become and cannot become elements of the information security system of developed countries.

LIQUIDATION OF THE CONSEQUENCES OF TERRORISM: PSYCHOLOGICAL ASPECT

Terrorism is essentially a method of psychological warfare that aims to destroy the foundations of society by demonstrating the weakness of the authorities and thus destroying cooperation between them and civil society.

Increased attention, and not unreasonably, is now being paid to the issue of neutralizing the psychological consequences of terrorist attacks - the state of shock, panic, fear, distrust of the government. The implementation of this task is sometimes undertaken by such an institution of civil society as religious organizations, thereby providing active assistance to the implementation of the counter-terrorism program of the state. This practice is very common, for example, in the UK and India.

Of interest is the position of the British Methodist Church regarding the methods by which it is necessary to deal with the consequences of terror. Religion, in this regard, as one of the institutions of civil society, performs an extremely important mission. Churches in every locality throughout the country have the opportunity to reach out to large groups of people. This can go a long way towards increasing social cohesion and preventing potential terrorists from radicalizing their minds. The church can also offer emotional support. In the aftermath of the London bombings (July 7, 2005), parishes have become places of refuge for many frightened and frustrated people. In addition, it is difficult to think of a more appropriate and safe place to mourn the victims of terror and reflect on one's own role in the fight against it. Church ministers are ready around the clock to offer their help in healing the spiritual wounds of those who have lost loved ones.

Indian religious organizations take on similar functions. After the 2008 Mumbai bombings, public dissatisfaction with the government's actions increased significantly. The Prime Minister of India has pledged to step up long-term measures against terrorism as soon as possible. However, political analysts and ordinary citizens doubted that the government's promise to reform the anti-terrorism system would be kept. It was religious institutions that helped relieve social tension and minimize the psychological consequences of the disaster.

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Today, in Russia and many other countries, an approach has become widespread, according to which the fight against terrorism is recognized as the task of special services and law enforcement agencies, to which this function is assigned by law. Modern conditions dictate other rules: it is necessary to rally all the healthy forces of society in the prevention of terrorism. One of the tasks of the operation of the national anti-terrorist system is to create conditions under which every citizen and every competent structure must find its place in the process of countering the terrorist threat.

Even the most superficial analysis of foreign practice demonstrates that the active involvement of civil society institutions in the national antiterrorist system can significantly increase the effectiveness of its work. In this regard, the significant experience gained over the past decade by countries such as the United States, Israel, Great Britain, etc. can be adopted, adapted and applied by other countries that today are faced with the problem of terrorism and the need to develop an effective national system to counter it.

At present, it is obvious that in order to develop an effective national anti-terrorist system, it is necessary to consolidate the efforts of government and law enforcement agencies, on the one hand, and civil society, on the other.

ADDITIONAL EXAMPLES OF ANTI-TERRORISM CONVENTIONS IN OPERATION

• European Convention for the Suppression of Terrorism (Strasbourg, January 1977), 2003 Protocol (Strasbourg, 2003),
• Council of Europe Convention on the Prevention of Terrorism (Strasbourg, 2006),
• Convention of the Organization of American States on the Prevention and Punishment of Terrorist Acts (Washington, 1971),
• Inter-American Convention for the Suppression of Terrorism (Bridgetown, 2002),
• African Union Organization Convention on the Prevention and Combating of Terrorism (Algiers, 1999) and the Protocol to this Convention (Addis Ababa, 2004),
• SAARC Regional Convention for the Suppression of Terrorism (Kathmandu, 1987) and Additional Protocol to the Convention (Islamabad, 2004),
• ASEAN: Convention for the Suppression of Terrorism (Cebu, 2007),
• Arab League Convention for the Suppression of Terrorism (Cairo, 1998),
• Organization of the Islamic Conference Convention on the Suppression of International Terrorism (Ouagadougou, 1999).

EXPERIENCE OF NATIONAL LEGISLATION IN THE FIELD OF ANTI-TERRORISM ACTIVITIES

SOME EXAMPLES

• In England, in January 2002, an anti-terrorism law was passed, significantly expanding the powers of the authorities, police and intelligence agencies to detain persons suspected of involvement in terrorism. The rights of the British transport and military police have also been expanded, which have been granted the right to conduct investigations outside the existing jurisdiction.

• in France in the early 2000s. The law on the daily safety of citizens came into force. Attention is focused on the development of a national card index of "genetic fingerprints" of suspects not only in committing murders, torture, sexual crimes, but also acts of terrorism.

• In April 2002, the Government of Canada drafted a new bill to tighten its counter-terrorism measures. In the event of a terrorist threat, the new document allows the creation of the so-called. "safe zones" in those territories where the military personnel and military equipment of Canada or allies are located.

• Cyprus in November 2001 ratified the International Convention for the Suppression of the Financing of Terrorism. The adopted law provides for life imprisonment and a fine as punishment for terrorist activities. Within the framework of the law, units for combating the financing of terrorism, as well as a special fund in support of victims of terrorism, are being created.

• In the UAE, an anti-terrorism law was passed in 2002, although it was difficult to define which organizations should be considered liberation movements and which terrorist groups during its drafting.

• In Japan, in October 2001, the country's parliament approved an anti-terrorism law. Its term was limited to two years, but later it was extended.

• The Cuban National Assembly adopted in December 2001 a law against terrorist acts, which provides for the death penalty. This document is aimed at preventing terrorist attacks in any manifestation and punishing criminals for the production, transportation of poisonous and explosive substances, as well as for other forms of assistance to terrorist activities.

• Nepal passed an anti-terrorism law in April 2002 in response to the terrorist attacks carried out by the Maoist "People's Army". The law provides for life imprisonment for participation in terrorist activities, gives law enforcement authorities the power to detain terrorist suspects without formal charges for up to three months.

• Pakistan still has a law signed in 1999. Its characteristic feature (as well as the feature of other Pakistani anti-terrorist legal acts that came out earlier) is the absence of an unambiguous qualification of terrorist activity and related phenomena and concepts.

• The Chilean anti-terrorist law of 2004 is notable for the fact that the structure of the concept of "terrorist act" includes, perhaps, the maximum number of illegal actions, as well as some incidents, such as arson, acts of vandalism, etc.

• The National Security Law, which has been in force in the Philippines since 2007, pays special attention to the legislative basis for actions that are permissible against terrorists and persons suspected of extremist activities, as well as their accomplices.

• In Turkey, under a 2008 law, persons arrested on suspicion of terrorist activities are entitled to a lawyer on the first day of their detention.

Akopyan O.A., NIRSI analyst