Terrorist Nature Research Articles

The Gaza Crisis and the Indian Exceptionalism

India’s attitude on the ongoing Israel-Hamas conflict marks a significant departure vis-à-vis India’s own position toward the Israeli-Palestinian conflict as well as the general view of the Global South. Its prime focus has been on the terrorist nature of the October 7 violence and the resolution of the conflict through the two-state solution. Both these positions exhibit the sympathy of the Indian government toward Israel, and despite reservations and criticisms, the domestic reaction to the official position has been more muted than in the past.

Nature, Impact and Trend of the New Round of Conflict between Palestine and Israel

On October 7, 2023, Hamas launched a surprise attack on Israel, causing heavy casualties and more than 200 people were taken hostage. Israel immediately launched a large-scale retaliation campaign to carry out collective punishment against the residents of Gaza. In this new round of Palestinian-Israeli conflict, the nature of the actions of both sides of the conflict has a dual nature: Hamas’s violent actions have a superficial terrorist nature and an inherent national liberation nature; Israeli military action has an illusory nature of self-defense and a real terrorist nature. In terms of the impact of the conflict, the conflict has promoted international and domestic polarization, and has made the international call for fairness and justice even higher; The conflict has increased the risk of terrorist attacks on Western countries; The conflict is generally unfavorable for the United States and favorable for Russia. As far as the trend of the conflict is concerned, the conflict will be mainly limited between Palestine and Israel, especially between Hamas and Israel and although there will be spillover, the scale will be limited; The conflict will last for a long time; New conflicts may be triggered in the later stage of the ongoing conflict. China should pay even more attention to the Palestinian-Israeli issue in the future.

Пределы уголовно-правовой защиты института адвокатской тайны в контексте противодействия преступлениям террористического характера и экстремистской направленности в УИС

The article analyzes problematic issues of criminal law protection of attorney-client privilege, which is often used by its owners contrary to the interests of society and the state in the field of countering crimes of a terrorist nature and extremist orientation. The authors reveal the relevance of the issues under consideration; explore the content of the norms governing the institution of attorney-client privilege in Russia; based on the analysis of criminal legislation, they propose measures to improve it in this area.

Problems of civil protection of residential buildings in the cities of Ukraine in the context of sustainable development

The problems of civil defense (CD) of the population are relevant in the formation of new residential buildings and the reconstruction of existing residential areas from the point of view of urban planning organization of residential areas in the cities of Ukraine. The need to determine the compliance of the regulatory and legal provision of the civil defense process and the principles and techniques of the formation of residential buildings with protective structures in the conditions of military operations is one of the primary tasks. The largest number of defensive structures is being built in cities close to the existing front line. New requirements for the construction of protective structures form a new look of modern Ukrainian cities based on the latest research on threats of a military and terrorist nature. The existing methods of ensuring CD expose the lack of comprehensiveness in solving this problem. The need to provide residential buildings with protective structures exposes the need for rethinking their typology, implementing the latest scientific and technical achievements. The analysis of the existing situation of protective structures (shelters and storages) and the trend of building new ones indicates the problems faced by the spheres of architecture, urban planning and civil defense of Ukraine. Fragmentation and episodic nature in the provision of civil protection can be understood as a forced response to current challenges, however, in the future, this all-encompassing field must also be large-scale and take into account modern trends - sustainable development and the creation of a truly safe space for people and the surrounding environment.

Методологические основы разработки дидактической концепции интегративной подготовки пенитенциарных психологов к работе с осужденными за преступления террористического характера и экстремистской направленности

The article presents the theoretical, methodological and empirical basis for the development of a didactic concept of integrative training of penitentiary psychologists to work with those convicted of crimes of a terrorist nature and extremist nature, built on the author’s hypothetical assumptions and the results of processing valid empirical material (prison practice, psychodiagnostics).

CHARACTERISATION OF METHODS OF PROTECTING THE STATE’S CRITICAL INFRASTRUCTURE FROM TERRORIST ACTIVITIES

The study describes methods for protecting the critical infrastructure of a state. The article aims to determine the combination of protecting methods of the state’s critical infrastructure from terrorist activities, namely security, physical protection, protection of critical infrastructure, protection of critical information infrastructure, and prevention of emergencies of a terrorist nature at objects of critical infrastructure. It is necessary to fulfil the following objectives to achieve the aim: to consider the difference and interrelation of the concepts of critical infrastructure and information critical infrastructure; to characterise the general properties of various terms, in particular: security, physical protection, protection of critical infrastructure, protection of information critical infrastructure, prevention of terrorist emergencies at objects of critical infrastructure; to analyse from the scientific point of view the classical definitions of forms and methods of critical infrastructure protection; to propose a generalised structure of information and technical methods of critical infrastructure protection; to determine the possibility of using information and technical methods in various fields of knowledge to protect the state’s critical infrastructure from terrorist influence. In summary, the structure of information and technical methods for critical infrastructure protection consists of three components: a mathematical model that describes the process occurring at critical infrastructure, a control algorithm that implements the mathematical model, and procedures that indicate the order of actions for applying the method. The problem of protecting critical infrastructure from terrorist activities requires technical, legal, military, psychological, medical, chemical, biological, and other sciences to address it. Each type of science will use its specific methods to solve practical problems of preventing terrorist emergencies at critical infrastructure. For technical sciences, there will be information-technical, engineering-technical, operational-technical, organisational-technical, biotechnical, and other methods to prevent emergencies of a terroristic nature that need development shortly. Keywords: critical information infrastructure, protection, terror, security, terrorist emergency.

Уголовно-правовое и криминологическое обеспечение противодействия терроризму

This article analyzes the current state of criminal and criminological support for countering terrorism. It notes the high degree of elaboration of the corresponding conceptual apparatus in regulatory acts. Attention is focused on the need for further scientific understanding and development of the content of regulatory legal acts that ensure the counteraction to terrorism. As for the criminallegal support for countering terrorism, there is a tendency to differentiate crimes of a terrorist nature and its positive character. A recommendation is made to include in the content of the Criminal Code of the Russian Federation norms that correlate with the content of Article 22 of the Federal Law "On Countering Terrorism". The necessity of systematic work to prevent the spread of terrorist ideology through modern information technologies and their involvement in the terrorist activities of young people is noted. Recommendations are made for further development of counter-information activities in order to ensure counteraction to terrorism.

Characterization of the violence between Türkiye and the PKK

Abstract This article addresses the question of whether the violence between Türkiye and the Kurdistan Worker’s Party (PKK) constitutes an armed conflict within the meaning of international humanitarian law. The article first explains the different non-international armed conflict descriptions provided by (i) the ICTY’s famous Tadić decision, (ii) Additional Protocol II, and (iii) the Rome Statute of the ICC and discusses the different applicability thresholds set by these sources. After noting that the terrorist nature of the acts of violence in a situation will not prevent them from being characterized as an armed conflict and that the application of the international humanitarian law norms would not in fact affect the legal status of the PKK, this article examines whether Türkiye’s struggle against the PKK could be classified as an armed conflict subject to international humanitarian law norms.

The Romanian Inventors in Exile, Traian Vuia, Gogu Constantinescu, Henri Coanda, in the Sights of the Communist Security

The Securitate acted in the Western countries, through actions of a terrorist nature, conducted directly or through intermediaries, the targets being represented by the main opponents of the communist regime in Bucharest. The long arm of communism could reach each and every troublesome refugee. One form of action was that of attracting world-renowned personalities back to their country. Associating with them and the publicity they hoped to gain in this way could represent an image blow to the communist power. The present work presents such concrete operations: Traian Vuia, George Constantinescu and Henri Coanda. Paradoxically, none of the decision-makers and executors of these actions was held accountable by the Romanian state, which thus assumed the guilt for those crimes even after the fall of communism.

Consequences of introducing the possibility of imposing an irreducible life sentence into the criminal code with regard to extradition and the execution of the european arrest warrant

Abstract The Act of 7 July 2022, amending the Act – Criminal Code and certain other acts, introduced the possibility of imposing a sentence of life imprisonment without parole into the Criminal Code. The legislator provided for two grounds for the optional imposition of an irreducible life imprisonment sentence. The first (Article 77 § 3 of the Criminal Code) is based on formal grounds: a previous conviction for a specific type of crime (against life and health, freedom, sexual freedom, public security, or of a terrorist nature) to life imprisonment or imprisonment for a term of not less than 20 years. The second ground (Article 77 § 4 of the Criminal Code) operates on a substantive condition: the nature and circumstances of the act and the personal characteristics of the perpetrator indicate that the perpetrator’s remaining at liberty would pose a permanent danger to the life, health, freedom, or sexual freedom of others. This article posits that the provisions of Article 77 § 3 and 4 of the Criminal Code are incompatible with Article 3 of the ECHR, which prohibits torture and inhuman or degrading treatment or punishment. As a result of the introduction of this type of punishment in Polish law, we may unfortunately realistically expect other states to refuse to hand over individuals prosecuted for crimes punishable by such punishment or those already sentenced to such punishment.

Criminological features of crimes of a terrorist nature and extremist crimes in the PRC

Terrorist crimes and extremist crimes have created a huge threat to state security, territorial integrity, social stability, economic development and social harmony in China. Persons who commit violent terrorist crimes have the following characteristics: a low level of culture, a decrease in age, an increase in the number of female participants, a low-level profession. The organizational features of violent terrorist crimes are manifested in the following: terrorist attacks by "lone wolves", groups with a free structure and strict organization, a clear trend in the development of the transnational nature of terrorist organizations. Violent terrorist crimes in China, from the point of view of the mode of action, have the following classic features: an explicit political goal, a motive for religious heresy or national enmity, a variety of ways and cruelty of methods of carrying out terrorists of violent terrorist acts. In the terrorist attacks that took place, almost all the criminals fell under the influence of the ideas of violent terrorism before committing the terrorist attack.

ALGORITHM FOR APPLICATION OF METHODS FOR DETECTING CENTRAL SIGNS OF AN EMERGENCY SITUATION DUE TO FIRE AT CRITICAL INFRASTRUCTURE FACILITIES

The work is devoted to the solution of an actual scientific task in the field of civil protection, namely, the development of an algorithm for the application of the technique of detecting focal signs of an emergency situation due to a fire at critical infrastructure facilities. Recommendations for the practical application of the methodology as the basis of the method of non-destructive control of the processes of preventing emergency situations due to a fire of a terrorist nature at the objects of critical infrastructure of Ukraine are given. the algorithm for the application of the method of detecting focal signs of an emergency situation due to a fire at critical infrastructure facilities consists of three procedures, namely: procedures for conducting measurements at a critical infrastructure facility, procedures for statistical processing of measurement results, fire reconstruction procedures. The received general recommendations of the fire reconstruction procedure can be reduced to the following. In particular, we note that the value of the electrical resistance of soot is related to the mode of combustion in one or another zone. If this value, which was measured directly above the investigated area, exceeds 10101011 Ohm, then this indicates that there was no intense flame burning in this area, but the burning took place in the form of smoldering. Long-term smoldering of a fire load in conditions of insufficient air exchange can lead to the formation of a thick layer of greasy soot on the ceiling and in the upper part of the walls, sometimes with clear drops of the liquid phase or drop-like spots. This can be observed in small rooms and other volumes that are not ventilated. If the combustion moves from such premises to a larger space with better air exchange, and a flaming combustion occurs, then the formed electrical resistance pattern will mainly reflect the development of flaming combustion. The source of the fire may appear in the form of soot burning or extremely low values of its electrical resistance, or vice versa, in a rather thick layer of soot with a high content of extractive substances. Thus, the interpretation of the results of the measurement of electrical resistance must be accompanied by an analysis of the specifics of the volume-planning decisions of the building (room), the conditions of air exchange, and the distribution of the fire load. The obtained results of the soot research can be used within the framework of fire engineering expertise to reconstruct the process of the occurrence and development of combustion, including to establish the center of the fire. Keywords: emergency situation, critical infrastructure object, technique, focal signs, thermal damage.

Лингвистическая экспертиза текстов, публично оправдывающих терроризм и/или экстремизм

The current political situation has given rise to a surge of terrorist activity, which is often embodied in the information space in texts with explicitly and implicitly expressed information of an extremist and terrorist nature. That is why the paper is devoted to the problems arising in the linguistic study of texts with signs of extremist or terrorist orientation distributed publicly. In addition, the paper raises the issue of information expansion as an integral part of modern terrorism- and extremism-related texts, since such texts have a manipulative impact on the addressee. The research aims to identify the main problems in conducting linguistic examinations of texts with signs of public justification of terrorism and/or extremism. The authors of the work clarify the role of information expansion in terrorism- and/or extremism-related texts. The research is novel in that it is the first to consider information expansion as a part of terrorism- and/or extremism-related texts. As a result, it has been proved that information expansion is a part of modern terrorism- and extremism-related texts. The identification of implicit information and strict compliance with scientific and methodological recommendations when conducting examinations are of particular importance for linguistic examinations.

Glosa do wyroku Trybunału Konstytucyjnego z dnia 30 września 2008 r. (sygn. akt K 44/07)

The commentary approves the position of the Constitutional Tribunal expressed in the judgment of 30 September 2008 (Case K 44/07). The Constitutional Tribunal considered the application submitted by the First President of the Supreme Court, which concerned the scope of freedom of public administration authorities when they make decisions about destruction of a civil aircraft. The Constitutional Tribunal was tasked with adjudicating in this case if art. 122a act of „Prawo lotnicze” [Aviation law] is matched with art. 38, art. 31 ust. 3, art. 2, art. 26 and art. 30 of Constitution of the Republic of Poland. The decision of the judgment states that the provision of art. 122a of „Prawo lotnicze” is incompatible with the constitutional standard of protection of the right to life. Thus, the Constitutional Tribunal annulled the regulation allowing the Polish authorities to order the destruction of a passenger plane, which has been used for illegal activities, including those of a terrorist nature.

METHOD OF DETECTING CENTRAL SIGNS OF EMERGENCY SITUATION DUE TO FIRE AT CRITICAL INFRASTRUCTURE FACILITIES

The work is devoted to the solution of an actual scientific task in the field of civil protection, namely, the development of a method for detecting focal signs of an emergency situation due to a fire at critical infrastructure facilities, with the aim of further developing a method of preventing terrorist emergencies at critical infrastructure facilities of Ukraine. In order to solve the set goal, it is necessary to: provide a description and carry out planning of the procedure for conducting a full-scale experiment to determine the focal signs of an emergency situation due to a fire at critical infrastructure facilities; determine requirements for equipment for measuring focal signs of an emergency situation due to fire at critical infrastructure facilities; determine the general conditions for the formation of an algorithm for the method of detecting focal signs of an emergency situation due to a fire at critical infrastructure facilities; provide recommendations on the possible use of the received information during the reconstruction of an emergency situation due to a fire at a critical infrastructure facility. This work is a continuation of the cycle of previous works on the development of structural, logical and mathematical models for managing an emergency situation of a terrorist nature at an object of the critical infrastructure of Ukraine, which is protected, which are intended for the development and constant implementation of procedures of an organizational and technical nature that ensure the safety of the object. Thus, the interpretation of the results of the measurement of electrical resistance must be accompanied by an analysis of the specifics of the volume-planning decisions of the building (premises), the conditions of air exchange, the distribution of the fire load in the center of an emergency situation due to a fire. The obtained results of the soot research can be used as part of the technical examination to reconstruct the process of the emergence and development of an emergency situation due to a fire at critical infrastructure facilities. Keywords: emergency situation, critical infrastructure object, technique, focal signs, thermal damage.

MATHEMATICAL MODEL OF DETECTION OF SMALL UNMANNED AERIAL VEHICLES USING ACTIVE OPTICAL SYSTEMS

The work is devoted to the solution of an actual scientific task in the field of civil protection, namely, the development of a new model for the prevention of emergency situations of a terrorist nature at the objects of the critical infrastructure of Ukraine, which are protected, by means of timely detection and identification of small unmanned aerial vehicles by active optoelectronic means. Based on the analysis, it was established that one of the trends in the development of terrorist scenarios at protected critical infrastructure facilities is the use of various small manned and unmanned aerial vehicles to carry out terrorist acts. This work is a continuation of the cycle of previous works on the development of a structural and logical model for managing an emergency situation of a terrorist nature at an object of critical infrastructure of Ukraine, which is protected, caused by the appearance of small-sized aerial targets, intended for the development and constant implementation of procedures of an organizational and technical nature to ensure the safety of the object to the guarded object, when small air targets appear. A mathematical model for the detection of signals reflected from small aerial targets using active optical systems using the phenomena of light absorption and scattering in optically transparent media has been developed, which represents a system of four analytical dependencies. Thus, the mathematical model of detecting signals reflected from small unmanned aerial vehicles using active optical systems using the phenomena of light absorption and scattering in optically transparent media is a system of four analytical dependencies. The first of them allows you to calculate the probability of detecting signals reflected from small air targets. The second determines the expected detection range. The third describes the geometric detection range. The fourth is the energy detection range of signals reflected from small unmanned aerial vehicles by optical systems. Further research will be directed to conducting field experiments, performed using a specially designed laboratory setup, and theoretical calculations of the value of expected target detection activities as part of numerous experiments that should prove the reliability of the results obtained in the work. Keywords: emergency situation, small unmanned aerial vehicle, violator, model, protected object.

CONVICTION UNDER THE CONDITIONS OF ARTICLE 65 1 AND 2 OF THE PENAL CODE AS A NEGATIVE PREREQUISITE FOR THE USE OF THE ELECTRONIC TAGGING SYSTEM INTERPRETATIVE DOUBTS

The article regards the legal prerequisites for excluding the use of the electronic tagging system, in particular the relationship between the provisions of Article 431a 1 (1) of the Penal Enforcement Code and the provisions of Article 65 1 and 2 of the Penal Code. The article draws attention to the increasing use of the electronic tagging system in Poland and the benefits resulting from this fact. The publication contains an analysis of the problem of whether a conviction for a crime from the commission of which the offender has made a regular source of income or committed a crime acting in an organized group or association aimed at committing a crime and for a crime of a terrorist nature - constitute a negative premise for the use of the electronic tagging system. The article draws attention to the practical aspect of the problem raised in connection with the divergent interpretation of the above-mentioned provisions, which leads to a situation in which, in the same factual and legal situations, common courts issue divergent rulings. The author, assessing the relationship between the provisions of the Penal Enforcement Code and the Penal Code, notes that the provisions of the Penal Code are applicable in executive proceedings only in the event that the Penal Enforcement Code contains a direct reference to them. The author finally comes to the conclusion that the conviction of the offender for crimes listed in Article 65 1 and 2 of the Penal Code does not constitute a legal obstacle to the issuance of a ruling allowing the offender to serve his sentence in the electronic tagging system. The position expressed in the work has been supported by views presented in the literature and case law.

Ограничения цифровых прав человека в целях противодействия терроризму

Introduction. Russian civil legislation takes into account innovations in information exchange by fixing the concept of digital rights, while giving them an exclusively private legal understanding. The modern doctrine proceeds from the fact that development of digital technologies has also significantly influenced the concept of fundamental human rights. Continuation of this vision is the emergence of digital rights in the public sphere. This actualizes the analysis of their possible limitations in order to counter terrorism. Theoretical analysis. The research reveals the consequences of the transfer of a significant amount of social relations to digital format. At the same time, while the general discourse of discussions stems from the principle of “normative equivalence” between “offline” and “online” (which does not require fundamental changes in law), the experience of the spread of digital technologies shows that it increasingly faces systemic failures. The authors indicate the difficulties with the definition of digital rights and their regulatory consolidation (by analyzing the regulations of the European Union). Empirical analysis. Based on the identified characteristics of digital communications, the paper presents the models for countering terrorist threats in modern cyberspace. The features of the legislative support of the Chinese model of the “Golden Shield”, based on the principles of digital sovereignty (in particular, the Law of the People’s Republic of China “On Data Security”), are shown. The authors highlight the features of imposing restrictions on the right to digital communication for persons suspected of involvement in terrorist activities (in particular, on the basis of the Anti-Terrorism and Border Security Act adopted in 2019 in the UK) and consider other foreign experience in countering terrorist threats in the digital sphere. Results. The necessity of taking into account the technological features of information exchange in the digital space is demonstrated. This has a significant impact on the emergence of new measures to counter terrorism. Foreign experience testifies to the expansion of the list of operational and search measures, the list of elements of crimes of a terrorist nature.

ПРОГРАМНАЯ ДЕЭКСТРЕМИЗАЦИЯ МИГРАЦИОННЫХ ПРОЦЕССОВ: ВОПРОСЫ ТЕОРИИ И ПРАКТИКИ

The article considers topical issues of the implementation of migration processes on a national and global scale. In particular, a comprehensive research of the reasons and conditions for the emergence and spread of threats of an extremist and terrorist nature connected with legal and illegal migration, including persons professing Islam, was carried out. Emphasis is placed on the prediction of the development of existing and possible migration risks due to the current geopolitical situation.
 The main focus is on the analysis of the legislative initiatives of the French Republic concerning countering religious extremism caused by the intensification of migration processes from the countries of Africa and Asia. In addition, the article gives a detailed description of the problems of migrants and refugees during their assimilation, which can be used for illegal purposes, including those aimed at involving them in extremist or terrorist activities. At the same time, the state of the native (local) population associated with uncontrolled migration which can lead to migrant-phobia, protest activity, radicalization of society and destructive activity are described. Also, the interrelation of extremist activity with the radicalization of religion is not put aside.
 The study of migration processes in the European Union and the law-making of the French Republic in this field made it possible to develop author’s recommendations for improving the law-making work, law enforcement practice, law enforcement and human rights activities in this segment of ensuring national and collective security.

Features of the Voluntary Renunciation of Crimes of a Terrorist Nature

The article deals with the problem of understanding the notes to the articles on terrorist offences, including the problem of their identification as a voluntary renunciation or active contrition. This problem has not been solved in the science of criminal law, on which, in turn, depends the resolution of the question of the applicability of the general rule on voluntary renunciation to crimes of a terrorist nature. Purpose: To determine whether and on what basis the institution of voluntary renunciation can be applied to assess the positive behavior of persons involved in terrorist offences. Methodology: the author applies a systematic method, as well as private-scientific methods of legal hermeneutics, formal-legal. Result: Having considered the normative, doctrinal and law enforcement problems on the subject, the author offers a solution to the following controversial questions: what is the purpose of voluntary renunciation in relation to crimes of terrorist nature? How is the competition between art. 31 and note to article 205 of the Criminal Code of the Russian Federation solved? What is the legal nature of the notes on exemption from criminal liability to the articles on other terrorist crimes? Are there and what are the special features of voluntary renunciation in relation to terrorist offences?