Andreev A.F. —
The problems of providing legal countermeasures to terrorism in the Russian Federation and ways to resolve them
// National Security. – 2016. – ¹ 4.
– P. 458 - 470.
DOI: 10.7256/2454-0668.2016.4.17720
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Abstract: The subject of this research is the problems of providing legal countermeasures to terrorism in the Russian Federation, which the author defines as internal contradiction, gaps and inefficiency of current system of norms of anti-terrorism legislation, which determines the regulatory influence upon the public regard of this sphere. They include discorrespondence of goals with the final result, forms and contents of the spatial and time boundaries of the action of legal regime of the counterterrorism operations, as well as number of others. The goal of this work consists in substantiation of the proposals and recommendations aimed at improving the mechanism of legal regulation of public relations on counterterrorism. The scientific novelty lies in specification of the goals, concretization of the order of introduction, and agreement of the space and time boundaries of the action of the legal regime of anti-terrorism operation, ensuring its elasticity and correlation of the content of the regime measures with the norms of the Criminal Procedural Code of the Russian Federation, as well as harmonization of the elements of the legislative system in the sphere of counterterrorism.
Andreev A.F. —
Topical issues of the methodology of the “security objects” category study in anti-terrorist legislation of the Russian Federation
// Security Issues. – 2016. – ¹ 4.
– P. 26 - 40.
DOI: 10.7256/2409-7543.2016.4.19860
URL: https://en.e-notabene.ru/nb/article_19860.html
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Abstract: The article studies the objects of legal protection of the Federal Law “On Combating Terrorism” in the context of the “security objects” category with account for the specificity and the nature of the subject of administrative, civil and criminal law and forensic psychology. In order to ensure the internal consistency of the law and the correlation of its provisions with the Combating Terrorism Concept, the National Security Strategy and the federal law “On Security”, the author substantiates suggestions and recommendations aimed at the improvement of articles 3, 11, 17 of the federal law “On Combating Terrorism”. The research methods include modeling, analysis, synthesis, the system-structural, formal-logical, theoretical and prognostic and special method of jurisprudence and interpretation of law. The scientific novelty of the study consists in the specification of conceptual and category framework, improvement of legal constructions of the law and harmonization of the elements of legislation in the sphere of combating terrorism. The results of the study can be used by the authorized subjects responsible for legislation enforcement.
Andreev A.F., Yagolovich I.I. —
Comparative analysis of legal regulation of anti-terrorist operations in Ukraine in 2014 and the measures of the constitutional order and legality restoration in the Chechen Republic in 1994
// Security Issues. – 2016. – ¹ 2.
– P. 27 - 42.
DOI: 10.7256/2409-7543.2016.2.18802
URL: https://en.e-notabene.ru/nb/article_18802.html
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Abstract: The research subject is the legal grounds and the procedure of application of government coercive measures using armed forces for the purpose of the country’s territorial integrity provision, the case of the legislation of Ukraine and the Russian Federation. The author studies the constitutional and legal models of armed protection of the state territory from internal threats for the purpose of differentiating legal regulation of forms, means, and methods of activities of armed forces determined by the peculiarities of national legal systems taking into account the states’ obligations in the sphere of international humanitarian law. The author applies the following research methods: analysis, synthesis, the concrete historical, system-structural, formal-logical, theoretical and prognostic methods, and the legal provisions interpreting. The scientific novelty of the study is conditioned by its contribution to the development of the theory of law of armed conflicts and the science of constitutional law. The author concludes that the actions of the illegitimate Kyiv regime, whose actual authority applied only within the bounds of Kyiv, were aimed at the protection of the regime itself and its legitimization in the southeast regions of Ukraine via enforcement. Unlike the Ukrainian conflict, the actions of Russian authorities in the Russian territorial subject – the Chechen Republic – were aimed at the preservation of territorial integrity of the Russian state with due regard to the right to self-determination.