27.02.2017 eesa

PERSPECTIVES ON THE IMPLEMENTATION OF THE STRATEGY IN THE PREVENTION OF THE THREAT OF TERRORIST NATURE

Authors / Autors / Автора:

Korostylenko A. V.
Candidate of Legal Sciences, Researcher
The National Academy of Security Service of Ukraine
Varenya N.M.
PhD student, National Academy of Security Service of Ukraine
Voloshin O.V
PhD student, National Academy of Security Service of Ukraine

Statement of the problem and its connection with important scientific objectives. In the XXI century, one of the most important issues is to counter threats of a terrorist nature. Terrorism has its negative impact on the situation in each state and the functioning of the international community as a whole. Today it appears more and more on the world stage. Various types of illegal groups constantly threaten the lives and health of people. Terrorism, according to the UNO definition, a part of the biggest problems of humanity, which are a threat to it.

International terrorism at this stage of development of society has many signs of a destructive nature, significant impacts on all spheres of the social life of humankind. The fight against terrorism is one of the main issues of the influential international organizations, as is currently the phenomenon of terrorism with violent ideologies constitutes a significant threat to the international community as a whole, for each of the countries, and Ukraine in particular. The development of modern international terrorism is characterized by the formation of such negative phenomena as the diversity of the devastating impact on the various spheres of public life – political, economic, social, spiritual, and national security: public, state, military, information, and the like.

Ukraine, like most countries in the world, took the responsibility to counteract this negative phenomenon, which is defined in the Law of Ukraine “On fighting against terrorism” of 20 March 2003. That is why among the priorities of the state policy of Ukraine have to be the introduction of its own counter-terrorism strategy and the prevention of a terrorist nature of the threats. Indicated range of problems determines the relevance of the topic and creates the need for scientific and theoretical study of strategies to counter terrorism.

Recent studies and publications, which are based on the authors, highlighting the outstanding aspects of the problem, which is devoted to this article.

Research and development of theoretical problems of fighting against terrorism are devoted sufficient numbers of works of scientists of different specialties in Russian literature and in the works of foreign authors. Significant advances in the study of issues of struggle against terrorism and the development of strategies to counter this phenomenon made famous lawyers – experts in the field of criminal law, criminology, criminal process, administrative and international law I. Ryzhov, N. Grib, M. Gutsalo, V. Gavlovsky, V.Krutov, D. Nikiforchuk, I. Smaznova V. Romanyuk, V. Suschenko, K. Tyminskaya, V. Trofimtsov et al.

Among a variety of strategies (theoretical models) of fighting against terrorism foreign researchers Ronald Klerinsten [19], Graeme Stephen [18] Sean Williams [17] in the first place are allocate the following: warning, forced, beliefs strategies, long-term, military, criminal justice and intelligence. Because these approaches partially intertwine and neither of them in a classical form do not exist, therefore propose to combine.

However, underreported remain questions of implementation in the field of prevention of terrorism-related threats strategy.

Formulation of the purposes of article, statement of the problem. The purpose of this article is to determine the characteristics of the formation of the optimal strategy in the prevention of terrorism-related threats and fighting against terrorism, as well as prospects for its implementation. It is because of the proposed strategy is determined by the success of the fight against terrorism as a whole, while an important factor is the perception of a strategy on the part of the civilian population.

The presentation of the main research material. In scientific literature, terrorism is defined as a multiple-complex and multifaceted phenomenon of social character, which has a certain political, legal, economic, ethical and other aspects. Terrorism is one of great crimes against the constitutional order and security of the state. In countries with high level of terrorist activity, there is trend on the implementation of the terrorist attacks of suicidal character [8, p.122].

  1. Trofimtsov says that terrorism is public actions aimed at murder, bodily harm, or danger of intentional murder, bodily injury, carried out in relation to one person, several people, an indefinite number of persons by one person, group of persons or organization in order to create an atmosphere of fear in the society, volatility, forcing public authorities or an international organization to take decisions favorable to the terrorists [15, p.37].
  2. Tyminskay indicates that internal factors that cause manifestations of terrorism are unfavorable socio-economic situation in the country, in separate region or regions, unbalanced national policies, neglect of national or religious minorities, violation of their rights. Among these, there are external factors of terrorism: increasing the number of manifestations of terrorism in the near or far abroad; socio-political and economic instability in neighboring countries; strategy installation of some foreign intelligence services and terrorist organizations; lack of reliable migration control in Ukraine and neighboring countries; the presence of large “black” arms market in some of the neighboring countries [14, p.10].
  3. Ryzhov said that terrorism should be viewed as a unity of two dialectically opposed social processes – the imposition of social control algorithm using terror and the corresponding radical form of social system’s response to such coercion in the form of extremist or terrorist activities [9, p.322].

Thus, it follows from the above that the problem of terrorism cannot be solved only by unilateral means. The basis for the creation of the strategy of this struggle must be consistent, essentially analyzed and studied by the state in the sphere of security policy, the harmonization of social relations, as well as the timely removal of certain negative phenomena in various spheres of society.

In accordance with the Law of Ukraine “About ambush domestic and foreign policy” of 01.07.2010 the main tasks of internal policy of the state in the sphere of national security and defense are the timely detection, prevention and neutralization of real and potential threats to national interests. [6] In recent years, Ukrainian sovereignty was essential test due to external pressure, violation of territorial integrity and due to the weakening of the national economy. In this regard, in our country we have accumulated some problems in the socio-economic sphere. There is a growth of radical sentiment in society. In addition, certain incidents of criminal situations of national character creates a greater likelihood of increasing cases of protest, extremism and terrorism.

The concept of fighting against terrorism, which was approved by Presidential Decree of 25.04.2013 №230/2013, indicated that Ukraine shares the concern of the international community with respect to such global threats to humanity, as the spread of terrorism, including the promotion of terrorist ideology, the use of terrorist methods to criminal purpose. In this regard, the spread of terrorism is defined by one of the factors threatening the global international stability and adversely affects the security of the state environment [7].

For Ukraine, the issue of terrorism has become particularly important after the events of recent years. Therefore, significant steps towards the establishment of certain counter this phenomenon was the strategy of national security of Ukraine approved by the Decree of the President of Ukraine of 26.05.2015 №287 / 2015, which stipulates the need to create a new system of national security of Ukraine because of the Russian threat, which has a long-term nature and other fundamental changes in the external and internal environment of Ukraine’s security. Today, Ukraine actual threats mentioned in this strategy is the reconnaissance-subversive and sabotage activities, actions aimed at inciting inter-ethnic, inter-confessional, social enmity and hatred, separatism and terrorism. [12]

Taking into account the possible terrorist threats, the need for urgent implementation of the national strategy to fight against terrorism, which should contain not only legal, but also economic, social and outreach components. The issues on anti-terrorist activities should participate bodies of legislative, executive, bodies of local self-government, socio-political organizations and civil society organizations, the media, religious organizations.

The nationwide counter-terrorism strategy largely depends on the knowledge of the real state of affairs (of the activity of terrorism) in the country and abroad, social monitoring problems, the relationship of various social strata, associations and political parties and groups to the terrorism problem in the first place – nature relation to the initiators of the policy of terrorism, the real possibilities of the state, from prevention and stopping terrorist activities. Implementation and optimization of the strategy is precisely one of the functions of management, which is the process of choosing the objectives of the state system of countering terrorism and ways to achieve them, provides the basis for all management decisions, the organization functions, motivation and control, focused on the development of strategic plans. The strategic planning process is a tool that helps in making management decisions. Its task is to ensure innovation and changes in the organization of counter-terrorism at a sufficient level [13, p.328].

It is worth noting that any activity in the field of the fight against terrorism is only part of the national policy. The anti-terrorist activities of certain defined state entities should have a systemic and integrated approach to solving the major problems in this area. This should include not only at certain administrative arrangements, but also at work on the prevention and the prevention of terrorism in general, and identify threats of a terrorist nature in particular. However, these issues also need to be addressed a wide range of issues, in particular the rights and freedoms of man and citizen in the proper legal level.

  1. Ryzhov believes that the definition of terrorism, as a specific form of warfare and its practices should be specific. The civilized version of the fight against terrorism requires clarification of its cause-and-effect relationships, necessary and sufficient conditions, determining of terroristic factors and opportunities for their neutralization. Conflicts arising from the imperfection of the system of social management in a society (power) cannot be eliminated by controlling the impact of cruelty. The only correct way to solve a social correction optimal control algorithm, which seems true to a civilized form of resolving social conflicts, proved up to the stage of application of terrorist methods [8, p.140]. He said, that today there are at least three conceptual counter-terrorism strategy:
  • the actual violent confrontation in the context of the struggle for existence, which is the result of certain evolutionary processes;
  • the fight as the destruction of the enemy (class, economic enemy) in the course of military operations, and covert operations, or preventive maintenance of the impossibility of its full operation, so-called information or “bloodless” struggle;
  • as a hypothetical option can be considered a humane war with terror, when the neutralization is carried out by preventing of terroristic factors, through agreements and mutual concessions.

The first two have lost their positions, at least in practice, the fight against international terrorism, reaffirming its inefficiency and civility. Promising are those counter-terrorism strategy, based on which there is no signs of physical abuse, and the main onslaught is on a smart compromise that takes into account the interests of the parties to the conflict [10, p.150-156].

An important role in the formation of strategy are playing certain concepts. Yes, declarative or public moral concept of counter-terrorism is, apparently the most effective, since the rejection of terrorist means, as well as violence in general, pledged at the subconscious level. For its formation requires significant ideological, as a rule, a religious basis, which has deep historical roots. In this case, the social system declares as a general – strategy of non-violence as a means of resolving social conflict as an internal system and external. In this case, despite the stability and absence of conflict within the system, it remains vulnerable to external threats, or, again, on a subconscious level, perceives the threat as a fatal. Accordingly, the social control algorithm, including the legal framework, is influenced by the position of not violence.

Repressive or socio-legal concept of counter-terrorism is based on the realization of certain social restrictions and prohibitions on such activities on the part of the control system, using the legal system as a regulatory tool. At the same time, the internal state of the individual is ignored in the interests of the ruling majority or the minority. Disobedience is punished in accordance with applicable law. In this case, completely ignored the background and causes of terrorism, even if they are caused and can be understood or justified.

Regulatory or socially-information concept provides rapid response to all of the preface of social conflicts using administrative means of correction of social control algorithms for the purpose of preventing or, if this impossible, reducing the severity, including by certain rational concessions to the authorities that, as a rule, needs optimization of social management algorithm and correction of the legal field.

If we consider the dynamic characteristics of the processes within the above concepts, we see that the declarative characterized by duration (in generational level) and cannot be formed and realized in a short historical period. Repressive can be implemented for example as a result of revolution or political reform, but it provides a permanent perception of social control algorithm and therefore a revolutionary change behavioral norms part of the social system and provides for periodic changes of such an algorithm – for example, constitutional or legal reforms and accompanying such reforms the social conflicts .

In any country, it is important to ensure the effective civilian control over the activities of national security agencies in the implementation of punitive or security measures.

Problematic issues are transforming the security sector in the respective democratically controlled and accountable mechanism, even with the availability of improved management and control system within the executive power and the public administration. Implementation of the control is not limited to the regulatory framework that governs the activities of the system, as well as civilian control over the armed forces, paramilitary forces, and reconnaissance services and common activities during the organization and conduct of the general operations such as anti-terroristic. Civil and democratic control relating to the definition of principles and values, because it must be provided in order of work, in particular the introduction of a code of ethics of civil servant for the staff working in the field of security, ensuring the availability of professional staff of civil and political leaders for the implementation of civil and democratic control, the gain the role of public society, to ensure effective supervision of the activities of the specific security sector, as a system of counter-terrorism. Despite the presence of numerous studies on the organization of social and state control, is the scientific treatment remains a matter of definition, and functional description of the order of control over the elements of the counter-terrorism system, because the repressive strategy cannot be considered perfect. Regarding the regulatory concept, the positive is that it provides rapid (in time, near-real) response to the state of the social environment and the use of appropriate legal and administrative measures.

Thus, the fight against terrorism should be considered as a controlled, conscious process, in which there are well designed, elaborate to the beginning of the formal implementation of the strategy. Positioning concepts of fighting against terrorism raises the role of planning special measures to counter terrorism and the prevention of a higher degree, allowing analysts involved in the process of developing a strategy, rather than a simple selection of its components from the existing arsenal of tools available [7, p. 322].

Conceptual principles of strategy should not be limited among population outreach program and prevention work, although generally related activities biased and aimed at preventing terrorist attacks before they take place [19, p. 4]. It is therefore advisable to take as a basis for counter-terrorism strategy, which is based on approaches that do not promise quick fixes and designed for the long term where you have to consider the scope of removing the “root causes” and the plural of the structural factors that can create a favorable climate for the spread of terrorist ideology.

As a result of analysis of the essence of terrorism as a species specific phenomenon of social nature, it turns out that the strategy of prevention of terrorism-related threats should be based on the application, first of all, intelligent and balanced principles that arise from its informational nature: public moral, which does not provide for the existence of terrorist funds fight, like violence in general, and social information, that determines the efficient response to all subsoil social conflicts using administrative means of social control correction algorithms for the purpose of avoiding. [3, p.139].

This socio-legal concept should become the basis for the development of long-term strategy to prevent terrorism-related threats and counter-terrorism, because it provides all the problems of society and its protection. Search for the most appropriate management of social processes is one of the biggest challenges throughout the history of conscious society. Terrorism, as well as opposition to it – is especially social process in which strategically important task is to urge the use of violence a certain part of civil society, as a rule, smaller but more progressive or socially active, have the correct social management algorithm, selected by a majority, or vice versa. The strategy of counter-terrorism could be incorrect, built on deception and error, but supported by the majority can prevail in a society during a particular historical period. The success of terrorism as a social control strategy, as well as other anti-terrorism strategy, the result is determined by the extent to which this strategy is supported by a total mass of the civilian population [1, p.20]. Therefore, consider only the information, legal and other components of the development strategy outlined is not correct, because this strategy has a huge impact on the social policy of the state, and therefore should rely in support of the population, for which the appropriate shape public opinion.

In our minds the essence of counter-terrorism strategy laid a defined objective, systematic process of awareness and consolidation of social features to combat terrorism and the threat of a terrorist nature as a way to protect themselves from the negative consequences of such activities, as well as accepted by the majority of the population of social management position in society countering terrorism.

Modern social management strategy, including the fight against terrorism, determined under the influence and in the interest of the majority of representatives of specific social structures and processes. At the same time the success of these strategies, respectively, and the success of the fight against terrorism as a whole, is not determined by the efficiency of planning and organizing anti-terrorist campaign, and the perception of these strategies on the part of the civilian population, even a victim of terrorism [2, p.14].

In addition, in order to solve social conflicts, in our opinion optimally take into account the concept of persuasion, which provides an understanding of the factors that create the subsoil of terrorism in social and political life. It is, first, ideological, political, social, cultural and religious aspects. Terrorists have support from among its supporters (both active and passive), sympathizers, and followers of other potential participants. Therefore, a counter-terrorism system should include not only state subjects fight against terrorism, but also attracted non subjects civil society and the private sector, such as the public, groups of affected individuals, the media, public and private enterprises.

Countering terrorism, as terrorism itself, in its essence, is a communicative [17]. The propaganda, psychological warfare, the idea is to stimulate the terrorists to renounce violence and to seek non-violent ways to bring their products to the government, forced to understand the counter-terrorism measures as a form of communication, through which passed the target audience related posts. How irrational thinking and ideology can divert attention of supporters of terrorism from the search for alternative ways to resolve social conflicts and promoting of terrorism can significantly complicate the public, political elites and the media of the invention of alternative ways of countering terrorist threats.

Today, in the organization of counter-terrorism is used mainly to ensure information technology, based on the implementation of the Law of Ukraine “On operative-investigative activity” from 18.02.1992 (i.e., into the preparation or carrying out a terrorist act). [4] Relying on what will be the panacea solution to optimize the legal framework, improvement of normative legal mechanisms of social correction for optimal counter-terrorism as a social process, it is not necessary. The gaps between theory, policy and practice are clear evidence of this [11, p.123]. The corresponding place in the development process in terms of planning strategies to prevent terrorist nature of the threats and counter-terrorism places information about the state of society. It is up to the reliability and timeliness of data collected depends on the timely adoption of decisions and measures taken.

Information couter rising social tensions should be based on different stages of its existence in the fifst place on the formation of the latent phase. Such social-information or the monitoring technology can be represented chain mutually defining events:

– monitoring;

– determining of prerequisites;

– situational modeling;

– analysis of the potential impact of social conflicts;

– synthesis of correction (control) influence;

– correction of social control algorithm;

– positioning and strategic planning of the struggle with the crisis of a social nature, especially terrorism;

– neutralization of prerequisites;

– minimize the consequences of (in case of) [10, p.122].

The meaning of counter-terrorism technology is reduced to the elementary – it is easier to eliminate the background of terrorist activities through the conformal reform and timely correction of social control algorithm than neutralize the social conflict, which could cost the stability of government and the people – peace and security [15, p.38]. The key to effective long-term fight against terrorism is the focus on long-term strategies, which can make the choice of the path of terrorism, is more difficult and less attractive. Consequently, all the above mentioned forms and creates the conditions for new subsoil comprehensive counter-terrorism and crisis management techniques, taking into account domestic and foreign experience.

Conclusions. In view of the above, we think that the threat of terrorism and terrorist nature – it is a global and complex problem of humanity, which can resist only through comprehensive implementation of legal, economic, social and organizational measures.

Implementation of measures for planning long-term strategy of counter-terrorism and the prevention of threats of a terrorist nature, and, consequently, obtaining positive results in the case of a real explanation of its nature as a national security with additional organizational provisions of the conceptual plan.

Important in determining the strategy is a direct involvement of the public to the prevention of terrorism, the formation of psychological stability and citizens’ readiness to counter terrorist threats, securing increased public awareness of anti-terrorist actions by the school in the event of threats or carry out a terrorist act. It should be “proactive” (proactive), to determine the anti-terrorist activities in the future, use of preventive thinking.

The introduction of effective public policy strategies to prevent threats of a terrorist nature, based on the absence of signs of physical abuse, and the focus is on smart compromise that requires the state to the application of special methods and forms of preventive action. Therefore, it is worth noting that only if civil society joining at all levels, subject to a combination of national and international levels of safety in the development of better strategies can be effective integrated activities on the prevention of manifestations of terrorism-related threats.

Bibliography / Referencje / Список литературы:

1. Grib N.N. Information-psychological sphere as the leading link system to counter terrorism / N.N. Grib // Russian investigator. - 2004. - №6. - P.20-24.
2. Gutsalo M.G. Organization combating mod-ern terrorism: political analysis: dissertation thesis ... cand. of science: 23.00.02 / M.G. Gutsalo; National Academy of Sciences of Ukraine. Institute of State and Law. VM Koretsky. - K., 2008. - 20 p.
3. Krutov V.V. Methodological approaches to improve the effectiveness of the fight against terror-ism in Ukraine / V.V. Krutov // Terrorism and fight against it. - K., 2000. - T.19 - P.138-140.
4. On operative-investigative activities: the Law of Ukraine from 18.02.1992 №2135-XII // [Electronic resource]. - Access: http://zakon.rada.gov.ua.
5. On approval of the Strategy of development of the system of prevention and counteraction to le-galization (laundering) of proceeds from crime, terror-ist financing and the financing of proliferation of weapons of mass destruction for the period up to 2020: Order of the Cabinet of Ministers of Ukraine dated 30 December 2015 № 1407-p // [ Electronic resource]. - Access: http://zakon.rada.gov.ua
6. On the principles of domestic and foreign pol-icy: the Law of Ukraine from 01.07.2010 №2411-VI // [Electronic resource]. - Access: http://zakon.rada.gov.ua.
7. On the Concept of the fight against terrorism: the President of Ukraine Decree of 25.04.2013 №230 / 2013 // [Electronic resource]. - Access: http://zakon.rada.gov.ua.
8. Ryzhov I.M. Strategically planning the fight against terrorism in Ukraine: the nature, condition and prospects of perfection // IM Ryzhov // Herald of Zaporizhzhya Law Institute. - 2009. - №3. - P.140-149.
9. Ryzhov I.M. Terrorism: socio-philosophical aspects / IM Ryzhov // Kyiv University Journal of Law. - 2012. - № 1. - P. 319-323.
10. Ryzhov I.M. Modern concepts of counter-terrorism / IM Ryzhov / Customs. - 2013. - №1 (85) - P. 150-156.
11. Smaznova I. S. Analysis of the counter-terrorism methods in Ukraine / I. C. Smaznova // Ac-tual problems of state and law. - 2006. - Vip. 29. - P. 122-127.
12. The National Security Strategy of Ukraine: Presidential Decree of 26.05.2015 №287 / 2015 // [Electronic resource]. - Access: http://zakon.rada.gov.ua.
13. Strogiy V.I. Methodological principles of the concept of national security in the context of counter-terrorism / VI Tie, IM Ryzhov // Scientific Bulletin of the Dnepropetrovsk State University of Internal Af-fairs. - 2013. - № 4. - P. 328-334.
14. Tyminski K.O. Terrorism in World Politics: dissertation thesis ... cand. of science: 23.00.04 / KO Tyminski; Kiev. Nat. Un. by Shevchenko. - K., 2010. - 16 p.
15. Trofimtsov V.A. Some aspects of the organi-zation of the international counter-terrorism in the various stages of the development of international law / VA Trofimtsov // Legal Gazette. Air and Space Law. - 2015. - № 4. - S. 37-42.
16. Analysing Terrorism and Counter-terrorism: A Communication Model by Ronald D. Crelinsten [Electronic resource]. – Access: https://www.researchgate.net/publication/261645951_Analysing_Terrorism_and_Counter-terrorism_A_Communication_Model.
17. Developing Effective Counterterrorism: Co-ercion vs. Conciliation by Sean Williams [Electronic resource]. – Access: https://www.linkedin.com/pulse/developing-effective-counterterrorism-coercion-vs-sean-williams.
18. Graeme C.S. Steven. Counterterrorism : [a reference handbook] / Graeme C.S. Steven, R. Gunaratna. – Santa Barbara : ABC-CLIO, 2004. – 293 p.
19. Ronald Crelinsten. Perspectives on Counter-terrorism: From Stovepipes to a Comprehensive Ap-proach [Electronic resource] / Ronald Crelinsten // Perspectives on Terrorism. – 2014. – Vol. 8. – № 1. – P. 2 – 15. – Access: http://www.terrorismanalysts.com/pt/index.php/pot/article/view/321/html.

Tagged: