Scientific and Legal Aspect for Conducting of Operational Measures to Counter Threats of Terrorist Acts upon Their Commission as a Challenge to the Social Community

  • Viktor V. NALUTSYSHYN Department of Criminal Law and Procedure, Leonid Yuzkov Khmelnytskyi University of Management and Law, Khmelnytskyi, Ukraine
  • Vasyl M. YURCHYSHYN Department of Criminal Justice, Chernivtsi Institute of Law of the National University ‘Odessa Law Academy’ Chernivtsi, Ukraine
  • Vasyl V. CHEREPUSHCHAK National Anti-Corruption Bureau of Ukraine, Kyiv, Ukraine

Abstract

Terrorist threat act may lie not only in potential civilian casualties, but also in the investigation of acts that could in the long run lead to the implementation of terrorist intentions. The relevance of the study is determined by the fact that the possibility of preventing a terrorist act should be in the interdepartmental jurisdiction of law enforcement agencies not only as a task of emergency response, but also as a task of direct monitoring. The novelty of the study is determined by the fact that the authors consider the aspect of the formation of countermeasures against a terrorist act on the basis of liquidating the foundation of its social response. The very process of preventing a terrorist act predominantly affects only measures to destroy terrorists and reduce the number of potential victims. The paper demonstrates that in addition to this postulate, it is worth considering the need for an additional reduction in social resonance, which acts as an incentive. Formation of counteraction by law enforcement agencies allows to reduce the significance of the terrorist impact on society. The practical significance of the study is determined by the fact that each of the participants in countering the terrorist act is also capable of operative activities, which can also additionally level the structure for implementing the provisions of anti-terrorism legislation.


 

References

[1] Bjørgo, T. 2013. Disrupting planned terrorist attacks. In: Strategies for Preventing Terrorism, 55-63. Palgrave Macmillan UK.
[2] Blakeman, J.C. 2004. Activist judges, responsive legislators, frustrating presidents: international human rights, national security, and civil litigation against terrorist states. In: D.B. Cohen, J.W. Wells (Eds.), American National Security and Civil Liberties in an Era of Terrorism, 89-104. Palgrave Macmillan US.
[3] Carlile, Q.C.L., and Macdonald, S. 2014. The criminalisation of terrorists’ online preparatory acts. In: T.M. Chen, L. Jarvis, S. Macdonald (Eds.), Cyberterrorism: Understanding, Assessment, and Response, 155-173. Springer New York.
[4] Christiansen, K. 2009. When radical becomes terrorist: law enforcement and eco-sabotage. In: M.R. Haberfeld, A. Hassell (Eds.), A New Understanding of Terrorism: Case Studies, Trajectories and Lessons Learned, 87-98. Springer US.
[5] Galani, S. 2020. Human security versus national security in anti-terrorist operations: whose security does the margin of appreciation serve? In: C. Paulussen, M. Scheinin (Eds.), Human Dignity and Human Security in Times of Terrorism, 97-121. T.M.C. Asser Press.
[6] Hetzer, W. 2010. Terrorist attacks: criminal prosecution or national defence? In: M. Wade, A. Maljevic (Eds.), A War on Terror? The European Stance on a New Threat, Changing Laws and Human Rights Implications, 277-303. Springer New York.
[7] Hirsch Ballin, M.F.H. 2012a. Counterterrorism measures affecting criminal investigation in the Netherlands. In: Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States, 161-207. T.M.C. Asser Press.
[8] Hirsch Ballin, M.F.H. 2012b. Counterterrorism measures affecting criminal investigation in the United States. In: Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States, 385-448. T.M.C. Asser Press.
[9] Lennard, C., and Wallace, A. 2017. Terrorist trials: forensic science and the trial process. In: D. Tait, J. Goodman-Delahunty (Eds.), Juries, Science and Popular Culture in the Age of Terror: The Case of the Sydney Bomber, 37-54. Palgrave Macmillan UK.
[10] Mackert, J. 2014. The secret society and the social dynamics of terrorist behavior. Revue de Synthèse 135(4): 331-359.
[11] Michaelsen, C., and Goldbarsht, D.2018. Legal and regulatory approaches to counter-terrorist financing: the case of Australia. In: C. King, C. Walker, J. Gurulé (Eds.), The Palgrave Handbook of Criminal and Terrorism Financing Law, 807-833. Springer International Publishing.
[12] Review of terrorism cases. 2010. https://www.unodc.org/documents/terrorism/Publications/Digest_of_Terrorist_Cases/Russian.pdf.
[13] Roach, J., Ekblom, P., and Flynn, R. 2005. The conjunction of terrorist opportunity: a framework for diagnosing and preventing acts of terrorism. Security Journal 18(3): 7-25.
[14] Ryder, N., Thomas, R., and Webb, G. 2018. The financial war on terrorism: a critical review of the United Kingdom’s counter-terrorist financing strategies. In: C. King, C. Walker, J. Gurulé (Eds.), The Palgrave Handbook of Criminal and Terrorism Financing Law, 781-806. Springer International Publishing.
[15] Sela-Shayovitz, R. 2005. The effects of the second Intifada, terrorist acts, and economic changes on adolescent crime rates in Israel: a research note. Journal of Experimental Criminology 1(4): 477-493.
[16] Sieber, U. 2010. Instruments of international law: against terrorist use of the Internet. In: M. Wade, A. Maljevic (Eds.), A War on Terror? The European Stance on a New Threat, Changing Laws and Human Rights Implications, 171-219. Springer New York.
[17] Wahl, T. 2010. The European Union as an actor in the fight against terrorism. In: M. Wade, A. Maljevic (Eds.), A War on Terror? The European Stance on a New Threat, Changing Laws and Human Rights Implications, 107-170. Springer New York.
[18] Wilkinson, P. 1977. Internal terrorism and the liberal state. In: Terrorism and the Liberal State, 69-170. Macmillan Education UK.
[19] Wittig, T. 2011. Understanding terrorist finance: challenges and issues. In: Understanding Terrorist Finance, 1-42. Palgrave Macmillan UK.
[20] Yastrebov, V.S., and Boev, B.V. 2008. Prediction of outbreaks of post-traumatic stress disorder after large-scale terrorist acts. Neuroscience and Behavioral Physiology 38(4): 427-434.
Published
2019-12-31
How to Cite
NALUTSYSHYN, Viktor V.; YURCHYSHYN, Vasyl M.; CHEREPUSHCHAK, Vasyl V.. Scientific and Legal Aspect for Conducting of Operational Measures to Counter Threats of Terrorist Acts upon Their Commission as a Challenge to the Social Community. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 7, p. 2060 – 2069, dec. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4999>. Date accessed: 23 nov. 2024. doi: https://doi.org/10.14505/jarle.v10.7(45).17.