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Branch 1.0 2019


Scientific School: The Concept of Main (Primary) Criminogenicity of Terrorism and Other International Crimes

The problem of international legal counteraction to terrorism is a subject of scientific interest of research institutions and scientists from many countries of the world. However, unfortunately, we did not succeed in getting serious results that could affect the quality and effectiveness of international anti-terrorist rule-making.

The insignificant effectiveness of the current norms of international law in the field of combating terrorism gives grounds for doubts as to the adequacy of the subject of legal regulation: or exactly terrorism is a threat to international security in the whole complex of its components placed in the focus of the relevant norms of international law?

As it turned out, the scientific and theoretical development of this problem involves broad involvement of scientific instruments not only in the criminal law sciences, but also in a number of related sciences in the humanitarian field. The evidence of an international, globalized approach throughout the spectrum of theoretical developments leads in their complex to a new content level - the level of international criminology.

This formed a number of areas of study of the problem, which, being completely independent, can simultaneously be successful in the implementation only on condition of interconnection, mutual influence and coordination, which involves their development within the framework of a single scientific and theoretical conception and conceptual beliefs of the authors.

The conditions thus formed logically lead to the creation of a school of science as an optimal democratic form of mobilizing collective intellectual efforts for conducting promising research that ensures demanding compliance with the doctrinal level of research, the rigor of theoretical evaluations, and the reliability of scientific results.

Thus, the creation of a scientific school based on the Department of International Law of the Institute of International Relations of the National Aviation University is conditioned, first of all, by the relevance and conceptual significance of the problem underlying it, which encompasses a number of important independent areas of scientific research, as well as existing scientific developments that require development and affirmation in the doctrine of international law.

Personnel scientific potential of the school is formed on the basis of the system of selection and attraction of talented youth from the number of docents, postgraduates and students to the scientific research work of the department. The annual recruitment of students to the master's degree in the specialty "International Law" of the specialization "International-legal cooperation on combating terrorism in transport" is held. At the department the postgraduate study (with and without separation from the production) of the specialty 12.00.11 "International Law" was opened, within the framework of which a number of topics focused on the development and strengthening of the argument base of the key idea of the school: the creation of a theoretical and theoretical basis for effective international- legal anti-terrorist rulemaking, based on a fundamentally new globalized understanding of the subject of the international crime of terrorism. As the applicants for research on this topic, the department carries out three doctorates. The prospect of explored and perspective topics is associated with the general scientific result - the recommendation of the foundations of norm-setting that would include terrorism and other international crimes in all aspects of the formation and operation of their criminal mechanism.

The scientific and theoretical problem, which determines the content of the school, is related to the low effectiveness of the norms and provisions of international anti-terrorist law. This is due to the fact that the crisis of world development, the real components of which (virtualization of the economy and its international criminalization, the phenomenon of financial civilization, the denial of the development of the "third world" for the purpose of hegemony of the world system, etc.), while being terorogenic factors, remain outside the active influence of international law. Growing on this basis international conflict (which also indicates the signs of the criminal nature of the very right), due to the inequality of capabilities of the opposing sides, is increasingly becoming a terrorist character.

In the criminological aspect, this is manifested in the inattention to the primary (general) causes of growing international terrorist conflict and transnational crime and the definition of the composition of terrorism and other international crimes, based on the assessment of secondary causality (so-called struggle with "secondary" international crime).

In the international criminal law aspect, this is expressed in the actual decriminalization of the basic (global) links of international criminal mechanisms that are formed in non-equivalent international interactions (so-called international "white-collar" crime).

Thus, only the organizers and executors of terrorist acts are at the center of the action of the international anti-terrorist right, but the criminal structure of terrorism is not complete in its global meaning.

The main available scientific results of a scientific school on the way to substantiating this problem and its development are as follows.

1. A new independent direction of science was opened and tested - international criminology. Based on the developed theoretical materials and experience in the investigation of the international crime of terrorism, the specificity of the object, system of methods and scientific instruments of international criminology has been substantiated. Given the low effectiveness of the existing anti-terrorist norms of international law, it has been shown that criminological science is not fully covered by the determination and the causality of international crime, which are formed in the zone of global processes and are determined by defects of world order. This negatively affects the effectiveness of international legal norms, and, consequently, the effectiveness of the international legal response to international crimes, in particular, terrorism. The proposed scientific approach involves eliminating this omission in legal science.

2. A new cross-sectoral inter-systemic branch of international law - an international anti-terrorist right - was developed and implemented in the University's educational process. Independence of the industry is determined by the specificity of its main content characteristics. The object of regulation of the industry is the relations of states, international organizations, individuals and other participants in international interactions that are formed in the process of the emergence of terrorism and the organization of combating it. The subject of regulation forms terrorism itself as a crime under international law and the activity of institutional systems and anti-terrorist entities.

The basis of the sectoral method of international anti-terrorist law is the formation and operation of legal norms and provisions based on the conflictual understanding of the nature of terrorism as the confrontation between the two designated parties, as well as the broad involvement of the international and national branches of law, legal and adjacent to the right of science, which creates conditions for the regulation of struggle with the manifestations of terrorism in all their multidimensional aspects. The conceptual basis of the industry is the legal phenomenon of terrorism, which is expressed in the complex aggregate subject of this international crime. Such a subject reflects the social mechanism of the emergence and action of terrorism as a product of the deformation of the life of the international community as a whole, but not radical extremists who are not detached from society.

3. The theory of terrorist asymmetry is developed, which opens up for practically unlimited possibilities of irregular action of a terrorist act as a means of struggle, and, consequently, a comparable confrontation of the protest movement of any power with the military-economic system within the framework of the terrorist conflict (terrorism).

At the heart of the phenomenon of absolute irregularity of this theory is the inexhaustibility of the arsenal for terrorist acts, that is, the subject of direct encroachment - randomly chosen innocent people.Developed in accordance with the criteria adopted in science education, the theory contributes to the improvement of the norms and provisions of international anti-terrorist law, the formation of a new type of perception of the problem of terrorism as the main feature of the systemic crisis of the world system and, at the same time, as an ultimatum factor that prompts the world community to solve this crisis, the only acceptable and effective way - by changing the socio-economic foundations of world order.

4 .The concept of the antiterrorist system of the state as a certain integrity of functional structures and bodies, processes and measures interrelated and coordinated within the framework of the Antiterrorist Center under the Security Service of Ukraine, organized as elements formed by the availability of legal base, information support, conducting intelligence and counterintelligence search, organization physical protection of objects vulnerable to terrorist attacks, carrying out anti-terrorist operations and preventive and preventive work , united by the humanitarian idea and the common goal of eliminating terrorism as a criminal social phenomenon. Within the framework of the antiterrorist system, the design of the forces of special anti-terrorist operations was developed as an interagency force group in a flexible three-level format (depending on the degree of terrorist threat) united by a single system of training and management.

Taking into account the received scientific results and proceeding from the assessment of their priority, a scientific school is formed around the idea of differences in the characteristics of criminal mechanisms in the field of international law. The idea is based on the philosophical principle of paired things, which, through the conflict mechanism of counter-coupling, transforms into legal categories by qualifying the aggregate subject of the international crime (terrorism). The basic grounds for the further development of scientific ideas stem from the achievements of the new scientific direction of criminology - international criminology proposed on the basis of research on terrorism as a crime under international law..

It has been established that acts that form the main, primary, produced by the globalized world system, are of criminal origin, despite the fact that in the majority of them they constitute offenses under international law (right to development, self-determination, interference, etc.), in the current law-enforcement sphere are not subject to appropriate criminalization and, in most cases, remain outside the active regulatory influence of international criminal law, international law of armed conflict, international economic law, international law international responsibility and other areas of international law.

The actions of States and other subjects of international legal relations that form the indicated crime-crime are mistakenly estimated only as causes and conditions of another (secondary) crime and are put forward "for the brackets" of criminalization, resulting in imperfect, incomplete international rulemaking, which, accordingly, focuses mainly on criminal manifestations of derivative, secondary character.

Thus, the said primary acts, which, as a rule, are an integral part of the violation of the basic principles of international law, are artificially put into a purely determinatory category and remain subject to political or moral responsibility, without significantly affecting the content of legal influence.

The existence of a problem of distortion of the subject of international legal regulation in the area of combating terrorism and other international crimes in general is indicated in the preliminary order. The problem is substantiated only as an object for scientific deduction and requires clarification of its own content essence and further development as a scientific idea.

The implementation of this project seems appropriate in two main areas: a) through the deepening of the scientific and theoretical basis of international criminology; b) through the specifics of adjacent (complementary) problems of research attention, which are selected by participants of the scientific school.

The directions of the development of international criminology are determined, firstly, by the task of eliminating the criminogenicity contained in the international law itself, the formation of representations of the multifactority of the criminogenic base of international crime. Necessary systemic justification of the decisive role in its (crime) occurrence and escalation of the most influential actors in international relations, defining the content of the world order, its crisis.

Secondly, through the establishment and development of the institution of the aggregate entity of the international crime, the consensual nature of the antiterrorist and, possibly, other international criminal rulemaking, should be given, contributing to the formation of the planetary interest in the elimination of (catastrophic) global conflict.

With regard to specific areas of scientific research that contribute to the development of the main problem, they are issued as a minimum of the following:

- the problem of codification of the basic principles of international law;

- Conflictological approach to the international legal classification of terrorism;

- State responsibility in the norms of international anti-terrorist law. The problem of criminal liability under the international law of the state;

- international law of armed conflicts and the terrorist nature of contemporary conflict: the possibilities of application;

- the fight against terrorism and human rights: international legal problems;

- the fight against terrorism and human rights: international legal problems;

- antiterrorist potential of international economic law;

- Terrorism and transnational organized crime: the general and differences in the legal nature and mechanisms of crime.

The list of problems studied and those to be studied within a scientific school, of course, is not exhaustive. Another important thing is that the direction of research is determined on the basis of a general approach to assessing the legal nature of international crime in the context of globalization as a product of social interactions of the international community in general, taking into account the decisive role of its most developed part.

The attachment to this idea and the task of its embodiment in international law make sense and the content of the scientific school, which is formed at the department.