全球化背景下俄罗斯反恐法的转型

IF 0.1 Q4 LAW
S. Kochoi
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摘要

本文论述了俄罗斯联邦现代反恐怖主义立法的产生和发展。值得注意的是,其形成时期恰逢后苏联俄罗斯联邦参与全球化进程,全球化进程的一个固有特征是各国法律制度和国家立法的一体化和统一。提交人认为,那些参与打击跨国、全球性国际恐怖主义组织,如在俄罗斯联邦被禁止的伊斯兰国的国家的国家反恐立法的趋同似乎特别重要。考察了俄罗斯国家法律体系适应反恐怖主义(外部和内部)需要的调整过程,以及其在兼顾国际特点和国外反恐怖主义法律经验的基础上进行的转型。目前俄罗斯联邦刑法在许多情况下加强对恐怖主义罪行的责任应被视为打击恐怖主义的全球趋势的一种表现。建议认为,不仅加紧对恐怖主义活动的制裁,而且在俄罗斯联邦刑法中增加新的反恐怖主义准则,都是国家法律一体化进程的结果之一。尽管已采取步骤改变俄罗斯的反恐怖主义立法,使其接近并与国际法和外国法相结合,但这一领域的全球化进程尚未完成。结论是,必须继续修改俄罗斯联邦的反恐怖主义法(有关的反恐怖主义立法和有关的刑法规范),以便进一步参与一般的有效反恐怖主义反应- -首先是国际法。恐怖主义早已不再被视为一种地方性威胁,因此反恐的国际化是法律全球化的表现之一。然而,全球化作为法律制度和国家立法趋同的催化剂,并不意味着国家法律的转变必然导致在国家执法机构和法院实践中成功应用的法律机构和传统的瓦解。作者声明没有利益冲突。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Transformation of Russian counter-terrorism law in the context of globalization
The article shows the creation and development of modern antiterrorism legislation in the Russian Federation. It is noted that the period of its formation coincided with the involvement of the post-Soviet Russian Federation in the process of globalisation, an inherent feature of which is the integration and unification of the legal systems and national legislations of individual states. According to the author, convergence of national anti-terrorist legislation of those states involved in countering transnational, global international terrorist organizations, such as the Islamic State banned in the Russian Federation, seems particularly important. The process of adjustment of the Russian national legal system to needs of counteraction to terrorism (external and internal), its transformation both taking into account features of the international, and foreign legal experience of counteraction to terrorism is considered. The current strengthening of responsibility for terrorist crimes in the Criminal Code of the Russian Federation in many cases should be seen as a manifestation of global trends in combating terrorism. Not only the tightening of sanctions for terrorist activity, but also the addition of new anti-terrorist norms to the Criminal Code of the Russian Federation is proposed to be regarded as one of the results of integration processes in national law. Despite the steps taken to transform Russian counter-terrorism legislation, its approximation and integration with international and foreign law, the process of globalisation in this field is not complete. It is concluded that the transformation of the Russian Federation's anti-terrorism law (the relevant counter-terrorism legislation and the relevant criminal law norms) must be continued in order to further its involvement in the effective counter-terrorism response in general - international law in the first place. Terrorism has long ceased to be perceived as a local threat, so the internationalisation of counter-terrorism is one of the manifestations of globalisation in law. However, globalisation, which is a catalyst for the convergence of legal systems and national legislations, does not mean that the transformation of national law must necessarily lead to the dismantling of legal institutions and traditions successfully applied in the practice of law enforcement agencies and courts of states. The author declares no conflicts of interests.
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