International Standards in the Area of Combating the Financing of Terrorism and Extremism

  • Diana Bekbolatovna BAISAGATOVA Department of Criminal Law and Criminology Academy of Law Enforcement Agencies under the Prosecutor General's Office of the Republic of Kazakhstan Akmola region, Kosshy, Republic of Kazakhstan
  • Madina Orynbaevna KASIMOVA Research Center for the Public Security and Public Order Interdepartmental Research Institute Academy of Law Enforcement Agencies under the Prosecutor General's Office of the Republic of Kazakhstan Akmola region, Kosshy, Republic of Kazakhstan
  • Manara Uralchanovna SYZDYKOVA Research Center of Procedural Problems Interdepartmental Research Institute Academy of Law Enforcement Agencies under the Prosecutor General's Office of the Republic of Kazakhstan Akmola region, Kosshy, Republic of Kazakhstan
  • Saken Talipbaevich KEMELBEKOV Marketing and Law Department Kazakh University of Economics, Finance and International Trade Astana, Republic of Kazakhstan

Abstract

The paper deals with issues of defining international standards in the area of combating the financing of terrorism and extremism. Regulatory legal acts issued by the UN since its founding to the present day regarding combating the financing of terrorism and extremism, as well as corresponding acts of Council of Europe, CIS, others groups of states, Republic of Kazakhstan are studied.
Legal acts adopted within the framework of the UN, the CIS, individual groups of states, the Republic of Kazakhstan on the fight against terrorism, separatism, and extremism are analyzed. A problem is identified that to the present day there’s no uniform definition of such main legal notions used in this area as ‘violence’, ‘extremism’, ‘war’ and ‘terrorism’, ‘terrorist organization’, ‘extremist organization’. Another problem related to the world practice of recognizing an organization as terrorist is revealed. Its two main mechanisms, political and judicial, are used in the world practice. The political mechanism involves active participation of corresponding government bodies. A court plays a key role in the recognizing an organization as terrorist in the judicial mechanism.
Certainly, the judicial mechanism of recognizing organizations, groups as terrorist is preferred. In this case there are more guarantees of compliance with law, justice, impartiality, as well as reservation of personal fundamental rights and freedoms. The political mechanism of recognizing groups or organizations as terrorist suffers from the use of ‘double standards’.
On the basis of the undertaken research the author states that the Republic of Kazakhstan should come forward with an initiative concerning development of a UN regulatory legal act on the unification of international standards in the area of combating the financing of terrorism and extremism.

References

[1] Baek, G.W., and Song, C.Y. 2016. On the Determinants of Surges and Stops in Foreign Loans: An Empirical Investigation. Open Economies Review, 27(3): 405-445.
[2] Bukaev, N.M. 2016. Sources of financing of terrorism: domestic and international dimension. Scientific Journal, 3(26): 132-137.
[3] Denisyuk, A.A., Shishchenko, E.A., and Shulga, A.V. 2016. Problems of combating the financing of terrorism. Electronic Scientific Journal, 3(6): 334-339.
[4] Estrada, M.A.R., and Ndoma, I. 2016. Assessing the Impact of Crime on the Economic Performance: The Case of Central America. Quality and Quantity, 50(3): 1201-1211.
[5] Gaibulloev, K., and Sandler, T. 2016. Decentralization, Institutions, and Maritime Piracy. Public Choice, 1: 1-18.
[6] Gamonenko, S.S. 2016. Improving the exchange of information in the system of combating money laundering and terrorist financing. Guide Entrepreneur, 29: 86-97.
[7] Karbuzov, K-K.Zh., Tleubaev, E.S., and Kurmanov, A.A. 2013. Collection of Normative Legal Acts in the Sphere of Struggle against Terrorism. Zharkyn Co.
[8] Khan, A., and Estrada, M.A.R. Globalization and Terrorism: An Overview. Quality and Quantity, 1: 1-9.
[9] Khan, A., and Estrada, M.A.R. 2016. The effects of terrorism on economic performance: the case of Islamic State in Iraq and Syria (ISIS). Quality and Quantity, 50(4): 1645-1661.
[10] Khan, A., and Yusof, Z. 2016. Terrorist economic impact evaluation (TEIE) model: the case of Pakistan. Quality and Quantity, 1: 1-14.
[11] Kurbanov, R.A. 2016. Anti-Money laundering and Terrorist Financing: peculiarities of legal regulation in the post. Gaps in Russian Legislation, 4: 252-255.
[12] Lampe, K. 2016. Recent publications on organized crime. Trends in Organized Crime, 19(2): 203-210.
[13] Lepeshkov, Yu.A. 2010. The definition of terrorism and the universal international standards in fighting against it. Journal of International Law and International Relations, 8: 4.
[14] Okeahalam, C., and Otwombe, K. 2016. Socioeconomic development and the risk of maritime piracy. Journal of Transportation Security, 1: 1-36.
[15] Perry, S., Apel, R., Newman, G.R., and Clarke R.V. 2016. The Situational Prevention of Terrorism: An Evaluation of the Israeli West Bank Barrier. Journal of Quantitative Criminology, 1: 1-25.
[16] Picard, M.H. 2016. ‘Iraqnophobia’: A Biomedical History of State-Rearing and Shock Doctrine in Iraq. International Journal for the Semiotics of Law (Revue Internationale de Sémiotique juridique), 1: 1-34.
[17] Rother, A.V., and Markova, O.M. 2016. Commercial banks activity on combating money laundering and financing of terrorism. Economics and Society, 1(20): 804-813.
[18] Ünal, M.C. 2016. Terrorism versus insurgency: a conceptual analysis. Crime, Law and Social Change, 66(1): 21-57.
[19] Ustinov, V.V. 2002. International legal problems in struggle against terrorism. PhD diss., RELP.
[20] Wonders, N.A. 2016. Just-in-Time Justice: Globalization and the Changing Character of Law, Order, and Power. Critical Criminology, 24(2): 201-216.
*** Address of the President of the Republic of Kazakhstan Nursultan Nazarbayev to the people of Kazakhstan on November 30, 2015. Available at: http://www.akorda.kz/ru/addresses/poslanie-prezidenta-respubliki-kazahstan-nnazarbaeva-narodu-kazahstana-30-noyabrya-2015-g
*** Agreement among the Governments of the SCO Member States on Cooperation in the Field of Ensuring International Information Security (Yekaterinburg, 16 June 2009). Available at: https://ccdcoe.org/sites/default/files/documents/SCO-090616-IISAgreementRussian.pdf
*** Convention pour la prévention et de la répression du terrorisme (Convention for the Prevention and Punishment of Terrorism). Available at: https://www.wdl.org/ru/item/11579/
*** Model Law ‘On counteracting terrorism’ of the Interparliamentary Assembly of the Commonwealth of Independent States. Available at: http://www.parliament.am/library/modelayin%20orenqner/125.pdf
*** The Law of the Republic of Kazakhstan ‘On combating terrorism’ of 13 July, 1999, No. 416-I. Available at: http://online.zakon.kz/Document/?doc_id=1013957
Published
2017-02-11
How to Cite
BAISAGATOVA, Diana Bekbolatovna et al. International Standards in the Area of Combating the Financing of Terrorism and Extremism. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 6, p. 1300-1310, feb. 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/604>. Date accessed: 23 nov. 2024.
Citation Formats
Issue
Vol 7 No 6 (2016): Vol 7, No 6(2016): JARLE, Volume VII, Issue 6(20), Fall 2016
Section
Articles

Keywords

terrorism; extremism; antiterrorist activity; financing; terrorist organization; model legislation

The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.