Bobrytskyi Leonid Volodymyrovych,

senior researcher of Interdepartmental Research Centre for the Fight Against Organized Crime at the Council of National Security and Defense of Ukraine, police colonel, Ukraine

Terrorism as a National Security Threat: Ukrainian Experience of Administrative and Legal Regulation of the Problem

В статье рассматриваются вопросы угроз национальной безопасности Украины в аспекте проявления актов терроризма на территории государства и роль Совета национальной безопасности и обороны Украины в административно- правовом регулировании этого вопроса.

Ключевые слова: Совет национальной безопасности и обороны Украины, терроризм, национальная безопасность, административно-правовое регулирование.

The article deals with the questions of threats of national security of Ukraine in the aspect of acts of terrorism on the territories of the state and the role of the National security and defense Council of Ukraine in the administrative and legal regulation of the problem.

Key words: National security and defense Council of Ukraine, terrorism, national security, administrative-legal regulations.

The end of the ХХ^th and the beginning of the ХХІ^st century is designated by the appearance of threatening, progressing and modified forms of terrorism that gives us a ground to interpret it as an extremely dangerous anti-social phenomenon on an international scale. Mass media of many countries of the world inform us that almost each day criminal gangs of political, ethnic, separatist and extreme orientation commit acts of terrorism. That is why this problem needs a particular attention of specialists to processing the questions of coordination of all power structures competent for facing-off the terrorism threats at national level as well as the arrangement of conditions for community consolidation in solving the problems of modern society, the existence of which may cause terrorism manifests. On the assumption of this the generalization and popularization of the experience of different countries and Ukraine as well is urgent at the level of administrative and legal regulation of the question. All of these determines the aim of our research.

The problem of generating the anti-terrorism politics of Ukraine is one of the top priority tasks of the state administration. First of all it is connected with a transit disposition of the state that generates a potential threat of terrorism actions on its territory as well as with the peculiarities of domestic policy situation, long lasting economical difficulties and other crisis situations in Ukrainian society.

We should admit that at present stage of Ukrainian statehood terroristic actions are not typical. But the April events in 2012 in Dripropetrovsk point out that terroristic actions are the real threat of national security and life of citizens. The basis for the in-time reaction on these events was the fact that in our state during the last several years it has been done a big amount of important work in the area of counteraction against terrorism. Among the most important are the creation of a special coordinating agency – the Center of Counteraction Against Terrorism which belongs to the Security Service of Ukraine, the adoption of strategic documents of the problems of strengthening the national security of Ukraine, the ratification of a number of international conventions against terrorism.

It is worth to admit that in the Strategy of National Security of Ukraine for 2010-2015 (approved by the Order of the President of Ukraine from 12.02.2007 Nr. 105/2007) it is stated that Ukraine which has a powerful scientific and technological potential, nuclear, chemical, spaceship manufacture may become an object of interest for terroristic groupings. And terrorism is the biggest danger for the world community and separate states, among which is Ukraine as well [2].

As terroristic activity in its different forms is one of the most dangerous forms of criminal activities in Ukraine as well as in other countries and because terroristic acts may cause damage to life and health of innocent people, environment, authority of government, activities of local authorities, public associations, industrial enterprises, their property, it is necessary to sign out the identification of threats to national interests and national security according to current legislation of Ukraine. In the sphere of national security such threats are: 1) criminal activity against peace and security of mankind first of all spread of international terrorism; 2) thread of using nuclear and other object a the territory of Ukraine with the terroristic purpose; 3) acts of separatism, aspiration for sovereignty of the regions of Ukraine at ethnic basis. For the domestic policy dangerous are: 1) possibility of conflicts’ appearance in the sphere of interethnic and interconfessional relations, radicalization and extremism manifests in activity of some associations of national minorities and religious commonwealths; 2) threat of separatism manifests in some regions of Ukraine. Threats for ecology are the danger of anthropogenic especially nuclear and biological terrorism and in the informational sphere – computer crimes and computer terrorism [1].

While analising the complex research of threats and dangers of national security of Ukraine the Council of National Security and Defense of Ukraine made a decision of importance of overworking the problem of developing projects of new laws and changing of existing laws in the sphere of fight with terrorism, extremism and piracy. The experience of the authority gives us a ground to assign such priorities of effective solving of the question of administrative and legal regulation of the problems of terrorism counteracting:

- defining the strategic national interests of Ukraine, conceptual approaches and directions of national security and defense guarantee in political, economical, social, military, scientific and technological, ecological, informational and other spheres;

- improving the system of national security guarantee and defense organizing, creation, reorganization and liquidation of executive authority in this area;

- using the means of political, economical, social, military, scientific and technological, ecological, informational and other character according to the scale of potential and real threats to national interests of Ukraine;

- involvement of control, inspection and supervision authorities which function in the system of executive power to control the quality and timeliness of fulfilment the decisions of the Council of National Security and Defense of Ukraine and enacted by decrees of the President of Ukraine;

- guarantee and control of income and elaboration of needed information, its safeness, confidence and use in the interests of national security of Ukraine, analyses at its basis the state and tendences of events development that occur in Ukraine and in the world, identification of potential and real threats to national interests of Ukraine;

- coordination and control of transferring the central and local authorities and the economy of the country to the work in the terms of military and emergency situation;

- coordination and control of the activities of executive authority in repulse of armed aggression, organization the protection of population and safeguarding of personal and social safety, protection of life, health, constitutional rights, freedoms and legal interests of citizens, maintenance of civic order in conditions of military and national emergency and in cases of crisis situations that threaten the national security of Ukraine etc. [3].

The mentioned facts let us come to the conclusion that effective counteraction to such dangerous antisocial phenomena as terrorism, extremism and separatism is possible only in case of accurate coordination of activities of everyone who provides the national security of Ukraine, like the President of Ukraine, the Supreme Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Council of National Security and Defense of Ukraine, ministers and other central executive authorities, National Bank of Ukraine, judges of general jurisdiction, Prosecutor Office of Ukraine, local self-government institutions, Military Forces of Ukraine, Security Service of Ukraine, Foreign Intelligence Service of Ukraine, National Frontier Troops of Ukraine and other military units formed according to the laws of Ukraine, citizens of Ukraine and public commonwealth. The experience of Ukraine in questions of administrative and legal regulations for prevention and counteraction of terrorism indicates that an important term of effectiveness of this process is improvement of legal aspects of national security and defense of the country by enacting the laws, development the National Program of Counteracting the Terrorism and Extremism, interaction with international organizations in this sphere.

References

1. Про основи національної безпеки України : Закон України від 19 черв. 2003 р. № 964 -ІV (зі змінами і доп.) / Відомості Верховної Ради (ВВР). – 2003. – № 39. – С. 351.

2.Стратегія національної безпеки України на 2010 – 2015 рр / [Електронний ресурс]. – Режим доступу : http://cs.cirs.kiev.ua/en/component/content/article/98-2010-2015-.html?start=2.

3. Про Раду національної безпеки і оборони України : Закон України від 5 берез. 1998 р. № 183/98-ВР (зі змінами і доп.) // Відомості Верховної Ради (ВВР). – 1998. – № 35. – С. 237.