Karapetyan E. Sh.

2nd year student

Specialty:"International law"

International Relations Faculty

Al-Farabi Kazakh National University

Scientific adviser:

Candidate of Law, associate professor Tussupova A.Zh.

Research of measures to increase the effectiveness of the fight against terrorism and extremism in the Republic of Kazakhstan on the basis of international cooperation

It is common knowledge, that nowadays the prevention of non-traditional threats and challenges, such as terrorism and extremism, has taken one of the most important places in ensuring the security of the state. With this kind of threats, having the greatest destroying power and the highest level of inhumanity, confronted almost every state. This fact dictates the need of close cooperation among states to combat this unacceptable form of the impact on the public consciousness and the ideology of violence, such as terrorism.

It should be noted that, getting more and more important role in the new structure of international relations, the Asia-Pacific region, situated close to the main source of instability, is at the forefront of the war against the terrorism. Thus, the SCO has become the first organization to offer wrestling against terrorism at the international level. And Shanghai Convention on Combating Terrorism, Separatism and Extremism of 15 June 2001 has become the first international document describing the integral elements of terrorism, separatism and extremism, which according to Article 1 of this Convention are considered to be violent acts, pursued "in criminal proceedings under national law of the contracting parties." Moreover, thanks to the initiative of the Russian Federation, meetings of heads of special services and law enforcement agencies of the SCO member states have been held every year since 2009 to discuss issues of cooperation between special operations forces to counter terrorist threats [1].

Criminal act is a complex socio-political phenomenon including social conflicts, turning into structural violence. And, in our opinion, the global nature and relevance of such problems as terrorism and extremism show us the evident necessity of total unification and the development of international standards, which will be compulsory for all the states to combat terrorism. Moreover, these standards can subsequently shape a separate branch of law system - "Anti-terrorist Law". Moreover, to ensure the implementation of these standards at the national level will be required to produce a comprehensive oversight of their implementation in the national legislation of States. So, law enforcement will play great role in preventing terrorism.

To dramatize the importance of the compulsory fight against terrorism, it has been proved that international efforts should be directed not only to the prevention and detection of terrorist acts, but also to curb the level of transnational crimes in general. The main reason of this proposition is the fact, that all the kinds of transnational criminal activities are closely interrelated with each other. And often human trafficking, smuggling of migrants feed terrorism and are committed by the same criminal networks. Following this look, it must be mentioned, that there are some international legal norms, directed to the run-down of such treasons. The United Nations Convention against Transnational Organized Crime (UNTOC) [2], also known as Palermo Convention, plays important role in tackling organized crime. This Convention was adopted by a resolution of the United Nations General Assembly on November 15, 2000 with the aim of promoting cross-border cooperation in combating a tendency of international crimes' increase. This Convention regulates questions of the international cooperation within implementation of Convention's provisions, in particular, fixes and describes such possible processes of law as joint investigation, transfer of sentenced persons, etc.

Moreover, it is indispensable to emphasize the great role of information support in the international control over terrorism. Information support is understood as creation of the general database including information concerning certain names of terrorists, their groups, the planned acts of terrorism, and also case practice of the states on such cases. Moreover, all the states should be aware of national terrorist crimes regulations of each other. And, in case of recognition by the world community of unconditional efficiency of these norms' provisions, they can subsequently find reflection in international legal conventions and agreements, because the international and internal law systems are always in close interrelation and interference.

In regard to legal base of documents of the Republic of Kazakhstan, Kazakhstan joined the main conventions of the UN on fight against terrorism. In addition, there was created the national Anti-terrorist center closely related with similar international and regional structures of other states. Being the member of CIS (Commonwealth of Independent States), SCO (Shanghai Cooperation Organization) and CSTO (Collective Security Treaty Organization), Kazakhstan takes measures within these anti-terrorist structures which become more and more effective international legal institutes. Moreover, our Republic signed the memorandum of cooperation between the Internet association of Kazakhstan and the Prosecutor General's Office. This memorandum is directed on strengthening of fight against distribution of illegal content in the Kazakhstan segment of the Internet. In addition, there is a constant improvement of legal bases of counteraction to terrorism. And all the acts concerning to this point are fallen under continuous changes and additions. In the territory of the Republic the accurate principles and models of the state system are formed, and bring the national legislation into accord with the international practice. However, despite all the measures taken by the Republic of Kazakhstan and other Central Asian states, they still need an accurate legal assessment of effective ways to fight against terrorism and extremism. And, in our opinion, it is impossible without including some changes in the articles of the Criminal Code of the Republic of Kazakhstan, connected with extremist and terrorist activity, and toughening of sanctions in Special part of the Code [3].

As for approaches to legal regulation of the anti-terrorist fight in other foreign countries, it is obvious that these approaches considerably differ from each other and there is no certain complex of the universal norms against terrorism. The reason of this fact is identity of each state including special conditions of formation of law system and emergence of the state in general, historically developed legal traditions, a form of a state structure, etc.

Studying foreign experience pursuing the purpose of improvement of the national legislation, it is necessary to mention that USA legislators have achieved great success in the development of a complex of norms to combat terrorism. In the territory of this country takes place constant process of rule-making proceeds, extending intelligence services' power, attracting national military power, new retaliatory structures which activity is constantly coordinated. So, for example, along with the National counterterrorist center, the Center for tracking terrorist activity, there are some others responsible structures as a part of National Security council and army government institutions. Thus, USA attract al the feasible resources and opportunities to avert the threats of terrorist acts and prevent them.

It is also impossible to disregard successful experience of the legislators of Western Europe who created, in our opinion, an effective package of measures on counteraction to terrorism. For example, there is a special procedure of investigation and hearing of cases about terrorist crimes in Spain and Italy. Criminal procedure and administrative law of these countries, pursuing the aim of collecting as much as possible materials for investigation, use agents-provokers, delay resolution on their detention or on arrest of their property, etc. Moreover, after sharp jump of terrorism in Spain in 1978, Government decided to create Special Forces within Home guards. Preparation of this group includes development of tactics of conducting combat operations, methods of guerrilla war, explosive business, fire preparation, mountaineering, scuba diving, physical preparation, martial arts etc. This group is configured with the latest equipment and learned to influence various categories of criminals.

It is noteworthy, that one of the directions of fight against terrorism is blocking of the financial streams "feeding" it. In spite of the fact that during the long period of time the international community underestimated importance of preventing access to necessary financial resources of criminal groups, the financing termination is a fundamental element of their suppression. Therefore, in that case it is worth lingering round this key point.

However, despite the existence of the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations in1999, there is a problem of its interpretation in different countries all over the world. So, for instance, creation of lists of the natural persons and the organizations connected with terrorism is a basis of fight against financing of terrorism in Canada. As for sanctions, they are clearly defined in the Criminal Code of France. There are 7 years of imprisonment and 1000000-euro fine.

At the present time, indeed, the legislation of the Republic of Kazakhstan prescribes special punishment for financing of terrorist and extremist activity too. However, comparing sanctions for terrorism financing of Russia and Kazakhstan, it can be clearly seen, that in Kazakhstan such crimes attract punishment till 10 years of imprisonment with confiscation of property, whereas similar actions in the Russian Federation are punished by imprisonment for a period of 15 till 20 years or life imprisonment. So, in our opinion, legislators of Kazakhstan, as Russian ones, should constantly make amendments to the Criminal Code of the country with the aim of toughening terrorism sanctions and preventing crimes in the territory of the country.

All things considered, we can do conclusion of our research.

Firstly, it is obvious that nowadays effective fight against nonconventional military threats is impossible without modern international cooperation, including constant analysis of foreign countries' experience and subsequent identification of their effective measures. Secondly, it is also important to pay special attention to social policy which regulates relations between various ethnic and confessional groups at the national level. Thirdly, states should create favorable opportunities for law-abiding life and self-realization of citizens to support society and fence them from terrorism.

REFERENCES:

1. Международное право в документах: Уч. пособие. / Сост. Н.Т. Блатова, Г.М. Мелков. - 3-е изд., перераб. и доп. - М., 2002

2. United Nations, Treaty Series, 1992 , p.188-212

3. Cборник международных договоров СССР, выпуск XLV, стр. 313-337, М., «Международные отношения», 1990.