国际恐怖主义:属性和形式

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY
Samvel Kochoi, Ron Kochoi
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While the territorial attribute and the attribute of citizenship of the culprit generally do not raise any objections, the authors argue in support of their position regarding the specific features of the victims of international terrorism, they state that such features could be anything as long as they define a group of people that is different from the group to which the members of an international terrorist organization belong: religious, racial, ethnic, national, linguistic, political features, etc. Another attribute supported in the article is the recognition of the terrorist organization as an international one by the national judicial (law enforcement) bodies. This allows the authors to suggest that the current legislation of the Russian Federation should include a procedure for recognizing a terrorist organization as an international one. 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引用次数: 0

摘要

作者分析了国际恐怖主义的特点。事实证明,国际(“外部”)恐怖主义应被视为一种独立的法律现象,与国内(“内部”)恐怖主义分开。作者同意一些研究者认为国际恐怖主义是恐怖主义的一种,但认为国际恐怖主义的属性应该修改。虽然罪犯的领土属性和公民身份属性一般不会引起任何反对意见,但作者为支持他们关于国际恐怖主义受害者的具体特征的立场而争辩说,这些特征可以是任何东西,只要它们定义的是一个不同于国际恐怖主义组织成员所属群体的人群:宗教、种族、民族、民族、语言、政治等特点。该条支持的另一个特点是,国家司法(执法)机构承认该恐怖组织为国际组织。因此,作者可以建议,俄罗斯联邦现行立法应包括一项承认恐怖主义组织为国际组织的程序。这一建议考虑到俄罗斯联邦安全局在实际工作中对俄罗斯、外国和国际恐怖组织进行区分,该机构拥有一份统一的联邦恐怖组织名单。作者的结论是,国际恐怖主义具有以下特征:非法性、地域性、罪犯和(或)恐怖主义受害者的某些公民身份、将受害者与某些人群联系起来、承认恐怖主义主体(恐怖组织)为国际恐怖主义主体。有人建议,《反恐怖主义联邦法》应补充说明“国际恐怖组织”概念的规范。事实证明,承认一个恐怖主义组织为国际组织(或外国组织)应完全由俄罗斯联邦最高法院管辖。至于对国际恐怖主义形式的分析,有人认为最危险的是“伊斯兰主义”(宗教)和“右翼”(种族主义、纳粹)恐怖主义。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
International Terrorism: Attributes and Forms
The authors analyze the features of international terrorism. It is proven that international («external») terrorism should be recognized as an independent legal phenomenon, separate from the domestic («internal») terrorism. The authors agree with those researchers who consider international terrorism to be one of the varieties of terrorism, but believe that the suggested attributes of international terrorism should be modified. While the territorial attribute and the attribute of citizenship of the culprit generally do not raise any objections, the authors argue in support of their position regarding the specific features of the victims of international terrorism, they state that such features could be anything as long as they define a group of people that is different from the group to which the members of an international terrorist organization belong: religious, racial, ethnic, national, linguistic, political features, etc. Another attribute supported in the article is the recognition of the terrorist organization as an international one by the national judicial (law enforcement) bodies. This allows the authors to suggest that the current legislation of the Russian Federation should include a procedure for recognizing a terrorist organization as an international one. This suggestion takes into consideration the fact that the FSB, which keeps a Unified Federal List of Terrorist Organizations, differentiates between Russian, foreign and international terrorist organizations in its practical work. The authors conclude that international terrorism is characterizes by such attributes as unlawfulness, territoriality, certain citizenship of the culprit and (or) the victim of terrorism, identification of the victim with certain groups of people, recognition of the subject of terrorism (terrorist organization) as an international one. It is suggested that the Federal Law «On Counteracting Terrorism» should be supplemented by the norm that describes the concept of an «international terrorist organization». It is proven that the recognition of a terrorist organization as an international one (or a foreign one) should be exclusively within the jurisdiction of the Supreme Court of the Russian Federation. As for the analysis of the forms of international terrorism, it is argued that the most dangerous ones are «Islamist» (religious) and «right» (racist, Nazi) terrorism.
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来源期刊
Russian Journal of Criminology
Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-
自引率
0.00%
发文量
14
期刊介绍: Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.
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