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Legal means of countering terrorism in modern society
Dzhansarayeva Rima Yerenatovna, al-Farabi Kazakh National University, Head, Chair of Criminal Law, Criminal Process and Criminalistics, Doctor of Law, Professor E-mail: jansarayeva@mail.ru Malikova Sholpan Baltabekovna, al-Farabi Kazakh National University, associate professor Chair of Criminal Law, Criminal Process and Criminalistics, сandidate of jurisprudence
Legal means of countering terrorism in modern society
Abstract: The article analyzes the problems of legislative regulation and improving the legal framework to combat terrorism. Modern terrorism has acquired an international character, respectively, and the struggle must be carried out with them at the international level. Since there are difficulties associated primarily with the specific national regulations — so it is the task of determining the unification of these standards. It should be noted that most countries understand this and go to the rapprochement of their legislation in this area, which, in combination with other forms of struggle against terrorism, can reduce the level. Since there are difficulties associated primarily with the specific national regulations — so it is the task of determining the unification of these standards. It should be noted that most countries understand this and go to the rapprochement of their legislation in this area, which, in combination with other forms of struggle against terrorism, can reduce the level of this universal threat.
Keywords: terrorism, countering, legal means, legislation, crime.
Modern society is faced with many kinds of terrorism, and the term has lost a clear semantic meaning. Under terrorism meant purely criminal kidnapping for ransom and murder on political grounds, and the brutal methods of warfare, and the hijacking and blackmail, ie, acts of violence against property and interests of citizens. There are more than a hundred definitions of terror and terrorism, but none of them is sufficiently definite. Word terror occurred from Latin: terror — fear, terror. Indeed, any terrorist action (not even related to the murder) always involve violence, coercion, threat. The main means of achieving the goal for any terrorist — is bullying, creating an atmosphere of fear and insecurity, prompting horror. Taking into account the extreme danger to the public acts of terror and violence, their antisocial and inhumane, terrorism can be defined as a social phenomenon, which consists in the unlawful use of extreme violence or threat of violence to intimidate opponents in order to achieve specific goals.
Domestic terrorism is an activity specially organized terrorist groups or lone terrorists, whose shares are intended to achieve various policy objectives within a single state. Terror can be called violence, consciously directed towards gosu-darsvu. Violence appears in two forms:
1) direct violence, which is reflected in the direct use of force (war, armed rebellion, political repression, terror), and
2) indirect (hidden) violence, which does not involve the direct use of force (various forms of spiritual, psychological, pressure, political interference, economic blockade), but is only the threat offorce (political pressure, diplomatic ultimatum). As noted in the legal literature, to state terror often resort unstable regimes with low levels of legitimacy of power, which can not maintain the stability of economic and political means.
When state terrorism goes beyond the boundaries of individual countries, it takes on the character of the international. Recently, this type of terrorism has gained unprecedented, global scale. International terrorism undermines public and political foundations, causing enormous material damage, destroy cultural monuments, undermines international relations. Like any other form of terrorism, international terrorism is manifested in indiscriminate violence, usually directed against people indiscriminately to create the masses of the idea that the end justifies the means: the terrible crime, the better from the point of view of the terrorists.
International varieties are transnational and international criminal terrorism. The first is the various actions of non-state terrorist organizations in other states. However, they are carried out independently and are not aimed at changing international relations. The second is manifested in the actions of international organized crime, whose members may be far from any political goals and their actions can be directed against rival criminal organizations in another country.
Terrorism appears when society is experiencing a deep crisis, especially a crisis of ideology and the state legal system. In such a society there are various opposition groups — political, social, national, religious — which is questionable legality of the existing government. Terrorism tends to grow it in the transitional periods and stages of the life of society, when it creates a certain emotional atmosphere, and the instability is the main characteristic of base relations and social ties. This is fertile ground for the cultivation of violence and aggression in society and leads to the fact that this or that economic, ethnic, social, religious or other group is trying to impose its will on society, using this as a tool to realize their aspirations violence.
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Section 18. Science of law
The problem of terrorism is particularly acute in the period of social conflicts that are provoking factor terrorist behavior. In turn, the cause of the conflict is a transitional period, a radical change in the socio-political and economic structure of society. Conflicts of different duration, the degree of severity of the contradictions methods permit. Terrorists use any form of conflict because there are favorable conditions for them to achieve their goals by committing crimes.
Legislation to combat terrorism are also at the national and international levels. After the terrorist attacks that occurred in the United States on 11 September 2001, many countries have found that their legislation or does not contain a special law on the fight against terrorism, or these laws do not meet the requirements of today.
In the European Union only a few countries have laws providing for liability for terrorism. According to experts, the best law on combating terrorism is the United Kingdom, adopted in 2000. The law defines terrorism as “a threat to the action in order to influence the decision of the government or to intimidate people for political, religious or ideological reasons”. Among the actions falling under the Terrorism Act, “a threat to life, serious threat to public health and safety, serious damage to property”.
Despite the fact that terrorism as an international phenomenon emerged relatively recently, the international community has already gained some experience in the field of legislative support to combat it.
Even before the Second World War under the auspices of the League of Nations was developed Convention on the Establishment of the International Court ofJustice (1937). For various reasons, the agreement is not implemented, but have been developed such concepts as “international terrorism”, “mechanism pursuit of terrorists across national boundaries”, “the extradition of terrorists”. The Convention on the Prevention and Punishment of Terrorism terrorist action was first pointed out the need for a combination of international law and national legislation to combat terrorism. The main attention was paid to the protection of the life of heads of state and politicians, leaving without due attention to protection from terrorism in the general population.
At the European level was signed in 1977 and entered into force in 1978. Regional Convention on Suppression of Terrorism. The traditional form of terrorism the world community considers the taking of hostages and invites the international community to take measures to combat it, including through the relevant national laws. The international community has the merit of recognizing terrorism in all cases, regardless of the political motives illegal. The Declaration on Measures to the intersection of international terrorism, adopted at the 49 session of the UN General Assembly in 1994, it was emphasized that “no ideological, racial, ethnic, religious or any other considerations can not be used to justify criminal acts aimed at creating an atmosphere of terror among the general population”. Especially active international legislative activity after the
attacks of September 11, 2001 As soon as September 12, the UN Security Council adopted a resolution in September 2001 1368.28 Security Council adopts resolution 1373.
Kazakhstan signed a number of international agreements in the field of combating terrorism, for example, the “Agreement between the Republic of Kazakhstan, Kyrgyz Republic, Tajikistan and Uzbekistan on joint action to combat terrorism, political and religious extremism, transnational organized crime and other threats to stability and security of the Parties” (Tashkent, 21 April 2000).
Thus, we can see that the international community pays great attention to the legal framework to combat terrorism and extremism. Since terrorism has acquired an international character, and the struggle must be carried out with them at the international level. In this way, there are difficulties associated primarily with the specific national regulations — so it is the task of determining the unification of these standards. It is encouraging to note that the vast majority of countries understand this and go to the rapprochement of their legislation in this area, which, in combination with other forms of struggle against terrorism, can reduce the level of this universal threat. It is necessary to bring national legislation in line with international.
Criminal legal regulation is one of the most important components of the whole range of measures to combat terrorism, it must have a clear vision, be clear and understandable, capable of effective implementation of, finally, it must have a preventive effect and serve as a safeguard against arbitrary enforcement.
Since terrorism, as mentioned earlier, is generated by many social, political, psychological, economic, historical and other reasons, then the fight against terrorism is a very complex task. We must assume that these reasons and should be subject to preventive intervention, but to make it very difficult in practice, as most of these reasons is related to the possession of the state power, the distribution of property, the triumph of one ideology or another, the change in the national and social structure.
Today it is quite obvious is the need to identify and analyze the causes of the problems, the nature and trends of terrorism, as soon as possible to develop the forms, methods and effective means of combating it.
The main directions of the prevention of terrorism should include:
- prediction of terrorist activity with its possible subjects;
- the impact on the basic phenomena and processes in society, contributing to the growth of terrorism;
- suppression commit terrorist acts against the state and public figures, arrest the perpetrators and bring them to justice, and punishment is extremely important not only ordinary performers and collaborators, but also the organizers and instigators of terror, as well as those involved in the financing of terrorist activities;
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The factors promoting crime of minors
- preventing and combating terrorism similar crimes (the taking of hostages, genocide, sabotage et al.);
- cooperation of international organizations in the prevention and suppression of terrorist activities.
Important to join efforts in combating terrorism of all the forces of the state and society. This upper echelons of representative government, and legislators, and intelligence agencies, and law enforcement agencies, and the media, religious and other associations.
Increasingly recently heard saying that it would be appropriate to apply to terrorists rules on liability of collaborators that applied for Nazi war criminals, that is, each member of a terrorist organization should be responsible for all of its criminal activities.
The fight against terrorism requires a comprehensive approach, which should include measures and economic, political, social and legal nature. This long-term program, which depends on many factors.
Duzbayeva Saltanat Bolatbekovna, Kazakh National University named after al-Farabi, master of law, the Faculty of Law Akbolatova Maral Eltaevna, Kazakh National University named after al-Farabi, master of law, the Faculty of Law Ilesov Darhan Nurbolovich, Mangistau Humanitarian Technical University, undergraduate, the Faculty of Law E-mail: B_ali_77@mail.ru
The factors promoting crime of minors
Abstract: In this article the author considers the main reasons of crime of minors. The crime of minors is a consequence of the certain negative phenomena existing in our society.
Keywords: crime among minors, prevention of crime, juvenile justice.
Each government interested in having children, who in the future will become real person and worthy citizen of the country.
The crime of minors is one of the global problems of modern time, and all world community interested in solution of this problem. It is explained by an important role of younger generation in ensuring viability of society and its development. Even in most democratic and economically developed states exists the rise of crime of minors. It is impossible to solve a problem of crime of minors only by national means and also it is necessary to combine efforts of all society, as causes emergence and development of system of standards, the norms directed on the solution of this problem [1].
Teenagers are one of the unprotected categories of society. Their dreams of easy and fast enrichment conduct to various offenses and crimes. Their desire quite often brings them into the criminal sphere.
In structure of crime of minors serious crimes (more than a half) prevail, and the most part is made by robberies, burglaries and assaults. The quantity of the crimes committed by minors under the influence of alcohol or drugs grows. Spiritual life of teenagers is deformed owing to penetration into their environment of the standards of daily behavior not compatible to traditional valuable reference points of our society through mass media, household contacts. Force, cruelty, drugs as "norms" of life of younger generation are cultivated.
According to teachers, the television is dangerous to teenagers. There is an interrelation of violence on the screen with growth of crimes among minors, the television imposes as examples for imitation a cult of violence, roughness, cruelty, drugs: everything that the minor watches on TV, he tries to embody into the reality. Mental development of minors is harmed by computer games as they cultivate tendency to cruelty.
Parents began to take care less of children, seeking to shift the educational functions to school, the street, mass media.
It is noticed that family viewing of the TV replaces communication of parents with children. If parents couldn't reconstruct the relationship with children in time, the conflict situation which not only has an adverse effect on formation of personal characteristics of pupils is imperceptibly created, but also generates requirement at them for replacement of intra family communication with extra family contact [2]. On the other hand, negative influence from contemporaries on formation increases sense of justice of the teenager. Informal groups also promote distribution of alcoholism, drug addiction in the teenage environment.
Thus, it’s necessary not to forget that character bases, vital installations, values are initially put in a family. At early age, the main moral requirements, rules of conduct and decencies take root to children in a family. And in this regard all further process of education (at school, at work, in public organiza-
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