ПРОБЛЕМИ КРИМІНАЛЬНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ БОРОТЬБИ З ТЕРОРИЗМОМ

Abstract

The article deals with the issues of criminal law enforcement of the fight against terrorism. The author draws attention to the essence of terrorism as a socially dangerous phenomenon, investigates the specific features of individual crimes of a terrorist nature: a terrorist act, involvement in a terrorist act, public appeals to commit a terrorist act, the creation of a terrorist group or a terrorist organization, and the facilitation of a terrorist act. The paper analyzes the shortcomings of the domestic criminal legislation in the area of combating terrorism, which are connected with the not always incorrect use of criminal-law terminology in Articles 258-258-4 of the Criminal Code of Ukraine, which complicate their application in practice, as well as other problems that arise when qualifying crimes of terrorist tendency, and the ways of their solution are offered. The author notes that intimidation of the population is an integral part of the terrorist act and is always present during its commission, and therefore it is inappropriate to point out in Article 258 of the Criminal Code of Ukraine, intimidation of the population as one of the possible purposes of a terrorist act. Also, attention is drawn to the absence in this article of an individual in the addressees of the influence of the subject of the crime. The author proposes a new legislative definition of a terrorist act that takes into account these moments and is not overburdened by unnecessary terms. Separately, an indication is given in the article on the commission of a crime by a terrorist or another criminal organization, because its absence does not allow to adequately qualifying the cases of committing terrorist acts by criminal associations. It is indicated that it is necessary to exclude from the disposition of part one of Article 258-1 of the Criminal Code of Ukraine deception as a method of coercion for committing a terrorist act and to supplement it with a note explaining the term "helpless state of a person". Also, amendments and additions to Articles 258-2 and 258-3 of the Criminal Code of Ukraine are proposed, which will allow more effective counteraction to terrorist activities.