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§ 1. The conceptual device and the maintenance of antiterrorist contracts of the United Nations

Speaking on standard regulation of any field of activity, it is necessary to notice, that one authors reduce action of norm and legal regulation to concrete legal relations [36], others recognise that legal regulation begins after creation of norm and is reduced to various levers of last on public relations [37].

At last, the widest understanding includes in concept of legal regulation and pravotvorcheskuju a stage [38].

The analysis of the conceptual device and the maintenance of antiterrorist contracts is offered to be begun with activity of the United Nations in the field of struggle against the international terrorism which represents not only constant escalating institutsionnogo interactions, but also and strengthening of intensity of creation of international treaties, and also acceptance of resolutions on the given subjects. It is obviously important to result the list of operating universal international treaties in the given sphere. All them is 16, and 12 from them have been accepted before creation in 2001 of Counterterrorist committee of the United Nations (KTK), here the list of documents operating for today resulted KTK:

• the Convention on crimes and some other certificates made onboard air vessels, 1963.

• the Convention on struggle against illegal capture of air vessels of 1970.

• the Convention on struggle against the illegal certificates directed against safety of civil aircraft, 1971.

• the Convention on prevention and punishment of crimes against the persons using the international protection, including diplomatic agents, 1973.

• the International convention on struggle against androlepcy of 1979.

• the Convention on physical protection of a nuclear material of 1980.

• Amendments to the Convention on physical protection of a nuclear material of 2005.

• the Report on struggle against illegal certificates of violence at the airports,

Serving the international civil aircraft, 1988, supplementing the Convention on struggle against the illegal certificates directed against safety of civil aircraft.

• the Convention on struggle against the illegal certificates directed against safety of sea navigation, 1988.

• Report 2005 to the Convention on struggle against illegal certificates,

Directed against safety of sea navigation.

• the Report on struggle against the illegal certificates directed against

Safety of the stationary platforms located on a continental shelf, 1988, concerning terrorist activity on sea stationary platforms.

• Report 2005 to the Report on struggle against illegal certificates,

Directed against safety of the stationary platforms located on a continental shelf.

• the Convention on marks of plastic explosives with a view of their detection of 1991.

• the International Convention on struggle against bombing terrorism of 1997.

• the International Convention on struggle against financing of terrorism of 1999.

• the International Convention on struggle against certificates of nuclear terrorism of 2005.

• the International Convention on mutual legal aid and delivery with a view of struggle against terrorism of 2008.

It is offered to make the detailed analysis of the norms operating on the basis of Conventions accepted within the limits of the United Nations in a chronological order.

1. The convention on crimes and some other certificates made onboard air vessels, 1963 [39].

Proceeding from positions of article 1 of the given Convention, it is directed on struggle against infringements of the criminal legislation, and also against the actions which are not crimes, but anyhow capable to endanger safety of an air vessel, persons and property, and also an order and discipline onboard. Thus, it is visible, that terrorism crimes in the Convention separately are not listed, and only are meant, when it is a question of infringement of the criminal legislation, except for capture of an air vessel to which separate article of the Convention is given.

The chapter of IV given convention consisting of one article at number 11, is devoted illegal capture of an air vessel. The illegal conclusion of any person is meant this action within the limits of the convention under guards force or threats as a result of the certificate of intervention, capture or other illegal control of an air vessel in flight and as if such certificate is close to fulfilment [40]. In given article it is spoken about obligations of the state-participants of the Convention to take all corresponding measures for control restoration over an air vessel. The state duty in which makes planting an air vessel on which board there was a case from among listed is separately reserved, to resolve passengers and members of crew to continue flight, to resolve this problem as soon as possible, and also to return an air vessel and its cargo to legal holders.

The basic part of positions of the Convention is devoted powers of the commander of an air vessel in relation to the persons who have made or intending to commit a crime onboard an air vessel, and also to a question of realisation of jurisdiction the interested states.

Thus, the given convention concerns the documents accepted within the limits of the United Nations with a view of struggle against terrorism, in that situation when the illegal certificates made onboard an air vessel, are terrorist owing to their criminalisation according to

The legislation of the countries-participants of the Convention. However, this convention had a number of essential lacks for which elimination, it was necessary to accept Conventions 1970 and 1971, speech about which will go further. It is possible to carry that fact To number of these lacks, that its positions were not effective in struggle against illegal capture of air vessels, and also certificates against air vessels on the earth. Besides it, the Convention of 1963 does not qualify action which are directed on capture of an air vessel as a crime. And last important lack is absence in it of the effectual measures directed on struggle against stealing of air vessels.

2. The convention on struggle against illegal capture of air vessels, on December, 16th, 1970 [41].

The convention should be considered taking into account considerable additions which have been brought by the Report from September, 10th, 2010. The report has been accepted with a view of struggle against illegal certificates of capture of air vessels or control over them, and also for efficiency increase actually Conventions.

The criminal in the initial text of the convention is the person who is onboard an air vessel who is illegal, by violence or threat of violence, or by any other form of intimidation, grasps this air vessel, or carries out over it the control, or tries to make any such action, or is the accomplice of such person. However, the Report considerably expands the list of punishable criminal actions.

The second major addition which has been introduced by the Report, position about responsibility of the legal bodies, fixed in article 2 bis is. According to principles of the domestic law, the state-participant can take necessary measures for attraction of the legal person being in its territory or created under its laws, to responsibility (administrative, civil and criminal). Thus such responsibility of the legal person comes without damage to the criminal liability of the physical person who have committed crimes on sense of the Convention.

The report, besides other, is directed on principle strengthening ai dedere aut judicare (or give out or judge) to what position of article 8 entered by it bis in which it is said testifies, for example, that any of the specified crimes should not the crime caused by political grounds is considered for delivery or mutual legal aid as political crime, or a crime, which svjazanno with political crime, or. And consequently, the request for delivery or mutual legal aid which is connected with such crime, cannot be dismissed on these motives.

The given Convention is more highly specialised in comparison with the convention of 1963 and together with Report 2010 is perfect enough international legal tool in the decision of questions of an establishment the states of the jurisdiction, criminalisation, timely investigation of certificates of capture of air vessels, and also criminal prosecution, the legal and remedial help in investigation of these acts and punishments of guilty persons.

As the example illustrating sphere of application of the given Convention, and also position about delivery or attraction of guilty persons to responsibility, it is possible to result business in Mohammed Hamadeja's relation. He participated in capture of the plane of the company «the Trance uorld ejrlajnz» in 1985 which carried out flight from Athenes to Rome, but the armed terrorists have forced it to replace a course with Beirut where have shot the passenger who was the citizen of the USA. Hamadej has been arrested at the airport of Frankfurt in 1987, at attempt to take explosives. By then criminal case has already been initiated in the USA concerning it upon plane capture, accordingly, the American authorities have demanded its delivery. According to positions of the considered Convention, and also the germano-American contract on delivery G ermanija should or give out it or excite against it criminal case in the same order as though it has made grave crime in the country. As a result of Hamadej has been condemned in G ermanii for skyjack, androlepcy and murder and it is sentenced to life imprisonment, with full assistance of US authorities, including, in granting of witnesses.

3. The convention on struggle against the illegal certificates directed against safety of civil aircraft, on September, 23rd, 1971 [42].

The primary goals of the convention are: a jurisdiction establishment over the crimes listed in it from the interested states; acceptance of measures to the conclusion of the criminal under guards, or to acceptance of other measures providing its presence; carrying out of preliminary investigation; delivery or realisation of criminal prosecution of the criminal in the same way, as well as in case of any usual crime of serious character, according to the legislation of the concrete state; an information exchange about circumstances of a crime, investigation and legal proceedings in relation to the criminal [43].

In addition to the given Convention for signing the Report on struggle against illegal certificates of violence at the airports serving the international civil aircraft on February, 24th, 1988 has been opened. The convention and the Report to it should be considered and treated as the uniform document. The report supplements Convention positions specifying, that any person commits a crime, if it illegally and purposely with use of any device, substance or the weapon makes the certificate of violence concerning the person at the airport serving the international civil aircraft which causes or can do serious harm to health or death, or destroys or seriously damages the equipment and constructions of the airport serving the international civil aircraft, or the air vessels located at the airport which are not in operation, or breaks work of services of the airport if such certificate threatens or can threaten safety at this airport [44]. Also the given report regulates a jurisdiction establishment over these certificates the interested states.

According to positions of the given Convention, the state-participant should enter the criminal liability for fulfilment or attempt of fulfilment of certificates of violence concerning the persons who are onboard an air vessel in flight, registered in the given state, and also for attempt of destruction, causing of damage of the air vessel menacing to its safety, it is equal as for a premise aboard an air vessel of any sort of the device which represents danger. An example of application of positions of the Convention, which have been included in the national legislation (in this case the USA), business in Richard Rejda's relation which in December, 2001 tried to carry by an explosive aboard an air vessel of the company «Amerikan ejrlajns» with a view of its destruction can serve. The explosive has been hidden in a sole of its footwear. Charge which has been shown Spot-check, according to Convention positions, did not concern terrorist intention, that substantially simplified proving process as there was no necessity to prove concrete motive.

The considered conventions are directed on protection of civil aircraft against criminality as that, including from terrorist. Terrorist activity means presence of political grounds, for example: to make certain impact on acceptance of any decisions by politicians or the international organisations, to create fear atmosphere in a society, to undermine trust to power structures. The group of conventions about which went speech, certainly, matters and for struggle against terrorism, including the international. Nevertheless, it is necessary to tell, that certificates against which they are directed, not necessarily have a terrorist orientation, the sphere of action of these international treaties is much wider.

4. The convention on prevention and punishment of crimes against the persons using the international protection, including diplomatic agents, on December, 14th, 1973 [45].

Terrorists for achievement of political ends frequently choose as the victims of statesmen, representatives of the international organisations. For protection of this category of persons the given Convention has been accepted. As the persons using the international protection, for the convention, are available in view of: heads of the states, including each member of the collegiate body which is carrying out functions of the head of the state, the head of the government, the Ministers for Foreign Affairs who are in the foreign state, and also accompanying members of their families. And also: Any representative or the official of the state, either any official, or other agent of the intergovernmental international organisation who, during time when against it, its official premises, its premises or its vehicles the crime has been committed, has the right according to international law to special protection against any attack on its person, freedom and advantage, and also members of his family living with it.

According to the Convention, the state-participants are offered to consider as criminal offences murder, abduction and other attacks against the person or freedom specified before persons, a violent attack on an official premise, a premises or vehicles of these persons if this attack can threaten the person or freedom, and also threats of such attack, attempt and partnership. Also in the Convention it is briefed, that it is necessary to consider the given crimes heavy.

The convention obliges the states to take all necessary measures for prevention of these crimes, and also to carry out information interchange for their prevention, and also to co-operate in questions of extradition of criminals, carrying out of investigation and granting of necessary proofs. Thus, the given convention in many respects provides not only prosecution of the specified crimes as obshcheugolovnyh, but also somewhat warns crimes terrorist.

For today for the persons using the international protection, threat from terrorist activity can be considered even as higher, rather than from obshcheugolovnoj criminality. Despite all efforts of the international community concerning maintenance of safety of the given category of persons, for last years attacks on them have become frequent. For example, an attack on the Russian ambassador in Qatar in November, 2011, on diplomatic representatives of the USA in Egypt and Libya in September, 2012, act of terrorism near a building of the USA of embassy in Turkey in February 2013

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Year, murder of seven peacemakers of joint mission of the African union and the United Nations in Sudan in July, 2013.

5. The international convention on struggle against androlepcy, on December, 17th 1979 года48.

One more widespread kind of the terrorist crimes made to affect on those, or other political decisions is an androlepcy. For the Convention androlepcy considers capture or deduction by any person of other person (hostage), with threat of murder, drawings of damages or deduction continuation to force the third party, namely: the state, the international intergovernmental organisation, any physical either the legal body or a group of persons - to make or refuse fulfilment of any certificate as a direct or indirect condition for clearing of the hostage. A crime will be also attempt of androlepcy and partnership in it.

G osudarstva-participants of the Convention have taken up obligations to take all measures which will be are considered expedient for simplification of position of the hostage, in particular its clearings. Besides it, the states carry out information interchange and activity suppression in the territory of groups of persons or the organisations which will organise androlepcies, or them encourage and prompt to them. As the state undertake to carry out delivery or appropriate criminal prosecution of the criminals who have made androlepcy, the help in investigation and reception of necessary proofs.

Certainly, this Convention plays an essential role in prevention and prosecution of the crimes connected with androlepcy which are one of most often made by terrorists. Recent examples of capture of shopping centre in Nairobi in September, 2013, androlepcy in Sydney in December, 2014, in France in January, 2015 show androlepcies, that the similar criminality is extended everywhere and threatens all states, without dependence from degree of participation in the international dialogue.

6. The convention on physical protection of a nuclear material, on March, 3rd 1980 года49.

The nuclear terrorism potentially is one of the kinds of terrorism most dangerous to the international community, therefore the safety issue of a nuclear material is one of the most important for international peace and safety maintenance.

The given convention is applied to a nuclear material which is used in the peace purposes and is in process of the international transportation, and also in some cases use in the peace purposes, storages and transportation in the state, not mentioning thus of its sovereign rights.

The convention, among other, regulates import, export, transit of a nuclear material, and also levels of physical protection of a nuclear material (the Appendix 1 to the Convention). The big attention is given to an information exchange, coordination of efforts on diplomatic channels, rendering assistance in case that is required, maintenance of return of the stolen or gone nuclear material.

In 2005 to the Convention essential additions about protection of nuclear installations have been accepted. In particular, it is underlined, that the Convention purposes consist in achievement and maintenance all over the world effective level of physical protection of the nuclear material used in the peace purposes, and the nuclear installations used in the peace purposes, and also in prevention of the offences connected with such material and installations all over the world. One more purpose is struggle against such offences, and assistance

To cooperation between the state-participants in achievement of the specified purposes.

According to positions of the Convention, the state-participant enter an appropriate mode of physical protection of a nuclear material which is under their jurisdiction, necessary for:

- Protection against theft and other illegal capture of a nuclear material at its use, storage and transportation;

- Maintenance of realisation of operative and universal measures on detection and, in appropriate cases, to returning of the gone or stolen nuclear material;

- Protection of a nuclear material and nuclear installations against sabotage;

- Softening or minimising of radiological consequences of sabotage.

For achievement of the purposes specified above, the state-participants create and support a legislative and regulating basis for the organisation of management of physical protection of a nuclear material and nuclear installations, found or appoint competent body or competent bodies which will bear responsibility for realisation of a legislative and regulating basis; and also take other appropriate measures necessary for physical protection.

Additions of 2005 have fixed in the text of the convention 12 of "basic principles».

1) a principle of responsibility of the state;

2) a responsibility principle at the international transportation;

3) a principle of a legislative and regulating basis;

4) the state should found or appoint competent body which bears responsibility for realisation of a legislative and regulating basis;

5) a principle of responsibility of owners of licences;

6) a principle of culture of safety;

7) a threat principle;

8) a principle of the differentiated approach;

9) a principle glubokoeshelonirovannoj protection;

10) a principle of maintenance of quality;

11) a principle of plans of action in extreme situations;

12) a confidentiality principle, [46].

Besides it, the Convention regulates an order of an establishment the state-participants of the jurisdiction, restriction of freedom and criminal prosecution of offenders, their possible delivery, and also the legal and remedial help in investigation of the acts forbidden by the convention.

7. The convention on struggle against the illegal certificates directed against safety of sea navigation, on March, 10th, 1988 [47], Report 2005 to the convention on struggle against the illegal certificates directed against safety of sea navigation [48], the Report on struggle against the illegal certificates directed against safety of stationary platforms, located on a continental shelf 1988 [49], Report 2005 to the Report on struggle against the illegal certificates directed against safety of stationary platforms, located on a continental shelf [50].

Convention and Report acceptance to it which are directed on the prevention of criminality against sea navigation and the stationary platforms located on a continental shelf became logical continuation of the international cooperation in sphere of struggle against international criminality.

The report on struggle against the illegal certificates directed against safety of stationary platforms of 1988 declares criminal the actions directed against safety of stationary platforms, located on a continental shelf.

Besides it, the Convention and Reports consider questions of an establishment of jurisdiction, criminal prosecution of offenders, their deliveries in case it is necessary, legal aid questions in investigation of offences, and also powers of the ship master.

Certainly, data the Convention and the Report play a considerable role not only for struggle against the international criminality as a whole, but also with crimes of a terrorist orientation. As an example of the act of terrorism directed against safety of sea navigation, it is possible to result capture Italian kruiznogo the liner «Akille Lauro» in October, 1985. This capture has been carried out by the organisation the Palestinian front of clearing, during this act of terrorism one hostage from the grasped 349 passengers has been killed, aggressors made demands politically, connected with clearing of prisoners by Israel.

8. The convention on marks of plastic explosives with a view of their detection, on March, 1st, 1991 [51].

Main objective of the given Convention is the prevention of the acts of terrorism made by means of plastic explosive

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Substances, by their marks for easier detection. First of all, the Convention obliges each state-participant to accept all necessary and effectual measures for prevention and an interdiction of manufacture for their territories of not marked explosives, and also for bar of claim by lapse of time of export of import on its territories or export of these substances for its limits.

Nevertheless, the Convention provides a number of exceptions, basically for maintenance of activity of the bodies, carrying out policemen and military functions.

Also under an interdiction those substances which are intended for inclusion do not get and join as the integral component in properly authorised military devices in territory of the state - of the manufacturer within three years after coming into force of the Convention concerning the given state.

The convention, besides other, founds the International technical commission on explosives which consists of experts concerning manufacturing, detection of explosives or carrying out of corresponding research workings out. The primary goal of the commission - carrying out of an estimation of technical progress in the field of manufacturing, marks and detection of explosives.

It is obvious, that the given Convention plays rather important role for struggle against terrorism as marking of explosives considerably complicates possibility of their reserved transportation and storage that does by more probable detection of preparation of act of terrorism.

9. The international Convention on struggle against bombing terrorism, on December, 16th 1997 года56.

According to Convention positions, any person commits a crime, if it illegally and purposely delivers, places,

Gives effect or blows up to explosive or other killing device within places of public using, the state or governmental object, object of system of public transport or object of an infrastructure or in such a manner that it is directed against them with intention to cause death or a serious mutilation, or with intention to make considerable destruction of such places, object or system when such destruction attracts or can entail causing of a large economic damage. As a crime is attempt of fulfilment or participation in fulfilment of these actions, the organisation and a management of other persons for fulfilment of these actions, and also deliberate assistance in fulfilment specified by a group of persons, operating with an overall aim in case such assistance appears or with a view of support of the general character of criminal activity or the group purpose, or if the person realises intention of group to commit a corresponding crime. Thus in Convention article 1 under «explosive or other killing device» the serious mutilation or an essential material damage, but also and the weapon or the device intended or capable to cause the same consequences, by means of liberation, dispersion or influence of toxic chemical substances, biological agents or toxins either similar substances, or radiation or a radioactive material is meant not only the explosive either incendiary weapon or the device which is intended or capable to cause death.

The convention obliges the state-participants to take all necessary measures, that according to its internal legislation to recognise as criminal offences specified above act and also to establish for them punishments corresponding to heavy character of these crimes. The requirement of what those criminal actions which get coming within the purview of this Convention is separately reserved, namely what are directed on creation of conditions of terror among the population, a group of persons or concrete persons or who are made counting on it, under any circumstances would involve punishment which would be in compliance with degree of their weight, irrespective of reasons of political, philosophical, ideological, racial, ethnic, religious or other character.

Besides the general for already mentioned Conventions of questions of an establishment of the jurisdiction, criminal prosecution of crimes, freedom and extradition of criminals restriction, and also information interaction, it is necessary to pay separate attention to article 13 positions as this article on the sense is directed to the aid in real and effective counteraction, in the big degree, to the international terrorist organisations. Possibility of transfer of the person who are already in custody or leaving prison term in one state, for carrying out of legal proceedings, such as evidence, an establishment of the person, or other actions directed on receptions of proofs for investigation in other state is potentially effective way of interaction of competent bodies of the states in struggle against the international terrorist organisations operating in territory of several countries. Thus there are only two conditions for such transfer of the person: It should give freely on this consent on the basis of granting to it to the full information, and also the competent authorities of both states should reach the consent to conditions comprehensible to them. Thus transfer procedure provides a number of guarantees for all participating parties.

Separate article (15) is devoted cooperation of the states in prevention of the crimes named in the Convention. Besides necessary (including legislative) measures for prevention of these of a crime, and also activity of persons and the organisations prompting to fulfilment of these crimes, encouraging, organizujushchih, financing them, or in them participating, from the states the exchange of the exact, checked up information and coordination of administrative actions is required. Also the states are offered to carry out research and workings out in the field of methods of detection of explosive and other dangerous substances, to carry out consultations on

To questions of working out of standards for marks of explosives with a view of definition of their origin during investigations after explosions, information interchange about preventive measures, adjustments of cooperation and transfer of technology, the equipment and corresponding materials.

Analyzing the given Convention, the conclusion what with it the international cooperation in sphere of struggle against terrorism has been deduced on qualitatively new level unequivocally arises. It concerns, first of all, questions of investigation of crimes of a terrorist orientation, in particular possibility of carrying out of legal proceedings of one state with the persons who are in custody or in the conclusion in other state, and also necessity of a timely and actual information exchange.

10. The international Convention on struggle against terrorism financing, on December, 9th 1999 года57.

The given convention is the first which separately considers questions of struggle against terrorism financing.

On sense of the convention crimes is direct or indirect, illegal and deliberate granting of means, and also realisation of their gathering by any methods, thus, at the person should be intention to use, or comprehension of that these means will be used in full or in part, for fulfilment act which represents a crime according to sphere of application of one of the Convention which have been disassembled earlier. And also any other act, which is directed on causing death of any civilian or any other person who are not accepting active participation in military actions in a situation of a confrontation, or to cause it a heavy physical injury, when the purpose of such act owing to its character or a context consists in intimidating the population or to force the government or the international organisation to make any action or to refrain from its fulfilment. Besides it, a crime

Also attempt of its fulfilment, the organisation and a management of other persons with a view of committing a crime, and also if the person deliberately promotes fulfilment of these crimes by a group of persons operating with an overall aim, or with a view of assistance of criminal activity of this group admits, or realising intention of this group to commit such crime. The State-participants incur obligations not only to recognise these acts criminal as crimes according to internal legislation, but also to provide for punishment proportional to their weight. Sanctions should be applied not only to the physical persons responsible for fulfilment of crimes, but also to legal bodies in case the crime is made by the physical person who in the official quality exercises administration or the control over this legal body. The given sanctions should be effective, proportional and effective and can include criminal, civil-law, administrative and financial measures of influence.

G osudarstvo has the right to establish the jurisdiction concerning such crimes not only in case it is made in territory or the citizen of this state, or onboard a vessel under the flag of this state or onboard a flying machine registered according to laws of this state. Also jurisdiction can be established, when the crime is made with a view of fulfilment of other criminal offence according to Conventions, or if such crime became its result:

- In territory or concerning one of citizens of this state;

- Against the state or governmental object of the specified state abroad, including premises diplomatic or consulate of this state;

- In attempt to force this state to make any action or to refrain from its fulfilment or such crime has led to its fulfilment;

- The crime is made by the stateless person who usually lives in territory of this state;

- The crime is made onboard the air vessel maintained by the government of it государства58.

According to the national legislation each state takes all necessary and appropriate measures for definition, detection, blocking or arrest, and also for confiscation of any means used or allocated with a view of fulfilment of crimes. Each state-participant of the Convention can consider the problem on the conclusion of agreements with other states about section with them the confiscated means or about creation of mechanisms with which help these means could be used for payment of confiscations to victims of such crimes. However, such use of means probably only under condition of full observance of the rights of the diligent third parties.

Questions of taking into custody, informing of the state of citizenship of the criminal, delivery, transfer of the person, and also legal aid in investigations, information and other cooperation and others, are considered in the given Convention exactly in the same key, as in the previous international treaties considered earlier.

In Convention article 18 measures for cooperation of the states with a view of the prevention of a similar sort of criminality are listed.

Besides it, the state-participants can co-operate as well in the field of the prevention of these crimes. This cooperation should consist in acceptance of measures on supervision over work of agencies which carry out remittances, for example, with use of practice of licensing, and also in acceptance of measures on revealing and tracing of physical moving of cash means and negotiable documents to bearer through border, at observance, however, guarantees of the ought

Uses of the received information and without restriction of freedom of movement of the capital.

The international information exchange which should be carried out by creation and maintenance of functioning of communication channels between their competent establishments and services for an exchange of the operative information, cooperation in carrying out of investigations of crimes is separately reserved. And also the information on the person, a site and an occupation of persons in which relation there are proved suspicions in participation in such crimes, moving of the financial assets concerning fulfilment of such crimes. Besides it, the states have possibility to exchange this information to means of the International organisation of a criminal police (Interpol) 59.

It is possible to consider the given convention as one of the thought most over and perfect tools who have been created during cooperation of the states in the field of struggle against the international terrorism and terrorism in general. Convention positions to the full reflect the advanced tendencies of development of the international cooperation on what it is possible to draw a conclusion from this attention which is given to a combination of measures interstate and international, and also necessities constant and mnogoformatnogo information interchange. It is necessary to notice also about the practical importance of the considered Convention which positions have found the reflexion in the legislation of many states, for example, in the federal act of the Russian Federation from 07.08.2001 № 115-FZ «About counteraction to legalisation (washing up) of the incomes received criminal by, and terrorism financing».

11. The international Convention on struggle against certificates of nuclear terrorism, on April, 13th 2005 года60.

This Convention is an example works of the international conventional cooperation «on anticipation» threats, that in itself is rare enough. More often international treaties are reaction of the international cooperation to already arisen and extending threats.

According to the Convention a crime is deliberate and illegal possession of a radioactive material, possession or manufacturing of the device with intention to cause death or a serious mutilation, or with intention to cause an essential damage to environment or the property. And also use of a radioactive material or the device in any image, use, damage of nuclear object in such a manner that occurs liberation or danger of liberation of a radioactive material in the same purposes or with intention to force physical is created, the legal body, the international organisation or the state to make any action or to refrain from it. Equally a crime will be real threat of fulfilment of the specified crimes, and also if the person, resorting to application of force or threat by force, illegally or intentionally demands granting to it of a radioactive material, the device or nuclear object. Besides it, as well as in the Conventions considered earlier, a crime attempt of fulfilment of such crime, partnership in him, the organisation or a management of other persons for the purpose of committing a crime, and also contribution to fulfilment of such crimes by a group of persons admits, at comprehension of the purpose of this group

To commit crimes or for support of their general character criminal деятельности61.

Concerning questions of cooperation, an establishment of jurisdiction, prosecution of crimes, detention and transfer of the criminal for carrying out of investigatory actions in territory of other state the given Convention duplicates position considered before documents, in particular the International Convention on struggle against financing of terrorism from December, 9th, 1999.

It is important to consider article 18 of the Convention which positions regulate actions of the state which have received the control over

Radioactive material, the device or nuclear object in case the crime has been made. The state should take measures for their neutralisation, provide conditions storage of any nuclear material according to applicable guarantees of the International agency on an atomic energy, and also consider recommendations about physical protection and standards in the field of health protection and safety which are published by the International agency on an atomic energy. After carrying out of the appropriate trial connected with a perfect crime, or if that is demanded by international law - earlier, after consultations, including about returning and storage conditions, with the interested state-participants any radioactive material, the device or nuclear object should be returned the state-participant to which they belong, or, to the state-participant, the citizen or which inhabitant is litsovladelets such radioactive material, the device or object, or to the state-participant from which territory they have been stolen or are otherwise illegally received. In a situation when for the state-participant, the possession a nuclear material, the device or object is illegal, this state provides, that they have been as soon as possible transferred in

The state order for which such possession is lawful and which, for the purpose of their neutralisation, thus radioactive materials, devices or nuclear objects are used exclusively in the peace purposes. In the event that interstate or the international law prohibits to the state-participant to return or accept such radioactive material, the device either nuclear object or the interested state-participants of the Convention will come to such decision at observance resulted above a condition, the state-participant possessing a radioactive material, devices or nuclear objects, continues necessary to take measures for them for their neutralisation and maintenance of conditions of storage [52]. The separate decision is accepted as a result of consultations in that case when the mentioned materials, the device or objects not to belong to any state-participant, either physical or to the legal body, and also have not been stolen also any state does not wish to receive them in the order.

The given Convention is remarkable that it enters among few international legal counterterrorist documents accepted on an advancing, instead of as the answer to the arisen and extended threats. «Its general value for the international community that it has been accepted without voting. This display of the higher wisdom of all states - to leave on a consensus under so important international legal document, not to move to temptation to force its acceptance by voting, having ignored interests of partners in negotiations, thereby having threatened a solidarity of purpose and problems in struggle against terrorism» [53].

12. The international Convention on mutual legal aid and delivery with a view of struggle against terrorism, on May, 16th 2008 года64.

The given Convention entirely is devoted the international cooperation in struggle against terrorism, according to the obligations, which states have taken up according to international law. This cooperation is expressed in observance of a principle of delivery, in the help in criminal prosecution, revealing of crimes, refusal in refuge and impeachment of any persons which assist or assistance, financing, planning, preparation or make acts of terrorism. Also cooperation should consist in suit and delivery of the persons guilty of fulfilment of acts of terrorism, according to corresponding positions national and international law, and also at observance of human rights, the international humanitarian law, the rights of refugees.

With a view of mutual legal aid, the Convention approves position that any of the crimes provided by general documents on struggle against terrorism, it is not necessary to consider political that the reference to it could not become the basis for refusal in delivery or legal aid. However, in all before considered documents, there is this position, but in the given Convention, it occupies one of the central positions.

Refusal in execution of the request for granting of legal aid or delivery of the prospective criminal should be motivirovan, and the refusal basis should be informed the enquiring state, thus, before to give refusal, parties in interest is necessary to carry out consultations. In particular, the Convention establishes the express prohibition on refusal referring to bank secret.

The convention, besides other, shows variety of requirements and to the maintenance of the request for legal aid. Though, absence any of the Convention of the information specified in the text in the request does not involve its invalidity and is not the basis for its default, is equal as full conformity of the request to all requirements is not an obstacle for inquiry about granting of the additional information. The documents given in a reinforcement of the request, and also those documents and materials which are given in workmanship of the request, are released from any formalities at their legalisation and authenticity acknowledgement if other separately is not provided by Convention positions.

The authorised bodies of the enquiring state have the right to appoint the competent person that it could be present at performance of the request for rendering assistance. In that case required state notifies enquiring state on a place and date of performance of the request, and also gives out to this competent person of a copy of documents about performance of the request after its presence thus.

At all told, the Convention leaves behind the state-participants possibility of granting of the information, concerning criminal cases to competent bodies of other states without inquiry in the event that there are bases to believe, that such information can be useful to carrying out and investigation end, or it will force other party to direct the request according to the Convention. At the same time, the body of the state giving such information, can establish certain requirements to its use, and the given requirements should be observed.

13. The convention on struggle against illegal certificates concerning the international civil aircraft, on September, 10th 2010 г65.

The Convention accepted in Beijing from 2010 in many respects supplements the Montreal Convention of 1971. In particular, in the Convention of 2010 wider list of the crimes directed against safety of civil aircraft. Besides the acts provided by the Montreal Convention, crimes illegal and deliberate fulfilment of following actions also admits:

1) use of an air vessel which is in operation, for the purpose of causing of death, a serious mutilation or a considerable damage to property or environment;

2) liberation or ejection from a board of the air vessel which is in operation, any biological, chemical, nuclear weapon (further - weapon BHJA) or explosive, radioactive, or similar substances in such a way which causes or can cause death, a serious physical injury or a considerable damage to property or environment;

3) use against an air vessel or onboard the air vessel which is in operation, any weapon BHJA or explosive, radioactive, or similar substances in such a way which causes or can cause death, a serious physical injury or a considerable damage to property or environment;

4) transportation performance, fulfilment of the actions leading to transportation, or contribution to transportation onboard an air vessel:

- Any explosive or radioactive material, knowing, that they are intended for causing or creation of threat of causing, with a condition or without that as it is provided by the national legislation, death either a serious physical injury, or a damage on purpose to intimidate the population, or to force the government or the international organisation to make any action, or to refrain from it;

- Any weapon BHJA, understanding, that it is weapon BHJA, according to Convention positions;

- Any initial material, special split material or the equipment or the material, specially intended or prepared for processing, use or manufacture of a special split material, understanding, that they are intended for use in the activity connected with nuclear explosives, or in other nuclear activity which is not covered by guarantees according to the agreement on guarantees with the International agency on an atomic energy, and including, any equipment, materials or the software or corresponding technology which bring the essential contribution to designing, manufacture or weapon BHJA delivery, without the lawful permission and with intention to use them for such purpose (provided that the given transportation or participation in her does not admit a crime when it is carried out by the person who has been specially authorised by the state-participant of the Peking convention, And materials or the equipment are transported with a view of their use in the activity corresponding to obligations of the given state-participant, taken on themselves according to international treaty conditions about weapon BHJA non-distribution, for example, the Nonproliferation treaty of the nuclear weapon of 1968) 66.

Analyzing those crimes which are listed in the given Convention, it is necessary to notice, first of all, that they are not directed directly against safety of an air vessel, objects of civil aircraft, or the persons who are onboard. These crimes are directed against property, a life and health of the third parties which have been not connected with civil aircraft, against environment, and also on infringement of the international arrangements concerning non-distribution of the weapon of mass destruction. The civil aircraft on sense of the Convention is considered not so much as object of criminal trespasses, and, more likely, as means which the criminal can

To use for realisation of the acts which are not causing a direct damage to air vessels, the airports, the aeronavigation equipment and its other objects. These norms are logical development of positions of the Chicago convention of 1944 About the international civil aircraft which article 4 warns against abusing civil aircraft and says, that each Agreeing State agrees not to use civil aircraft for any purposes incompatible with the purposes of the Convention.

The Peking convention and the Report accepted together with it to the Convention of 1971 are rather indicative in the sense that on them it is possible to track modern lines of perfection of the international cooperation in the field of struggle not only against the certificates directed on safety of civil aircraft, but also against the international terrorism.

First of all, development consists in expansion of understanding of safety, norms of modern international treaties urged to protect from criminal trespasses not only is direct objects of civil aircraft, but also pursue the criminal actions connected with inadequate use of civil aircraft, as, for example, use of an air vessel for weapon BHJA distribution. The second direction is specification of already named criminal actions in connection with technical progress, as that - possibility of capture of an air vessel or control reception over the aeronavigation equipment with use of modern means, not being in immediate proximity from them. And, in - the third, it is important to pay attention that the conventions directed on protection of civil aircraft, become more and more unified with other conventions accepted for struggle against terrorism, in particular in questions of an establishment of jurisdiction of the state-participants over crimes.

Thus, carrying out the development analysis the conceptual device and maintenances of antiterrorist conventions of the United Nations in the given sphere, it is possible to pay attention that in due course conventions have got more directed character. If the beginning was necessary to the international cooperation with acceptance of conventions which pursue more the general crimes by the end of the XX-th century the terrorism became object of struggle. Unfortunately, this cooperation basically has character of reciprocal measures, that is, accepted conventions are directed to more degrees on struggle against that kind of terrorist crimes which receive nabolshee distribution to this or that period of time. While it is desirable, that this struggle carried bole warning character that taken measures have been directed to more degrees on prospect, foreseeing the further development of a situation.

Nevertheless, working with the specified Conventions it is necessary to notice positive development of this element of the international legal mechanism of cooperation of the states. New spheres for interaction of the states at various levels, whether it be information interchange concerning new technical workings out in the field of counteraction of terrorist criminality, consultation, or acceptance of more perfect interstate normative acts on the basis of the international experience have appeared and develop. Characteristic process for modern conventional cooperation also is unification of norms of various contracts among themselves. Reports to early Conventions which supplement them Even more often began to be accepted, or change out-of-date positions taking into account modern realities.

Besides Conventions in United Nations system other is standard-legal documents were accepted and accepted also. The most important specialised document which has been developed the United Nations, the Global counterterrorist strategy which is the resolution and the Plan of action, being the appendix to it is. Strategy it has already been mentioned in Chapter 1 of the present research, but it is necessary to consider this document much more in detail.

For the first time to accept universal counterterrorist strategy, it was offered during preparation for the World summit of 2005. In the performance, taking into account the recommendation of Group of high level, Kofi Annan which at that time was G eneralnym the secretary of the United Nations, has offered five base elements on which Strategy has been constructed: the belief of terrorist groupings not to resort to violence; restriction of terrorists in means for carrying out of attacks; restriction of support of terrorist groupings by other countries; development of possibilities of the countries in terrorism prevention; protection of human rights during counterterrorist struggle. Also the Secretary general had been expressed opinion, that the universal approach to a terrorism problem should include measures of precautionary and operative character on the basis of short-term, intermediate term and long-term prospects. The specified principles offered by the Secretary general, have been approved by member states of the United Nations which were taking part in the Summit of 2005 which also have addressed to General Assembly for more detailed working out of these elements for continuation of effective work in the given direction, both at the international level, and at levels national and regional. Following the results of the Summit of 2005 in 2006 the Secretary general had been developed and made additions and detailed elaboration of each of five basic strategic points. On plenary session of General Assembly on May, 2nd, 2006 Kofi Annan have been presented and considered the report «Unity in struggle against terrorism: recommendations about global counterterrorist strategy». In this report, besides other, practical ways of rendering assistance to member states in improvement of individual and collective possibilities in struggle against terrorism from the United Nations are defined also, in particular in speech on representation of the report to General Assembly has been told: « The United Nations Organization system should bring the vital contribution to all corresponding areas — from encouragement of the supremance of law and creation of effective systems of criminal justice before that maintenance that the countries had necessary means for struggle against terrorism financing; from strengthening of possibilities of the states not to suppose, that nuclear, biological, chemical or the radiological weapons have come into the hands of terrorists, before increase of possibilities of the countries to assist and support to victims and their families »[54]. In the appendix to this report the register of practical activities which by that moment was already led in frameworks and at United Nations support contains, it allows to estimate results of applied efforts and to realise practical value of declared principles and priority directions of development of the international cooperation in the given sphere. On May, 11th, 2006 there have been begun consultations concerning working out of universal strategy and already on September, 8th, 2006, before the termination of 60 sessions G eneralnoj Assemblies, G lobalnaja counterterrorist strategy has been accepted.

Strategy is the unique document in sphere of struggle against terrorism, it condemns terrorism in its forms and displays and as threat which represents the international terrorism - is global it is directed as well on international peace and safety strengthening as a whole. Uniqueness of this document consists also in seldom meeting unanimity concerning the general strategic approach in struggle against terrorism. This signal should be regarded as one of the most significant and positive results of the international cooperation as member states of the United Nations have unanimously let know, that terrorist methods are unacceptable in any displays, and will not find the justification in the opinion of the international community.

As the appendix to Strategy the Plan of action which includes four groups of measures which are necessary for accepting for struggle against terrorism has been developed:

- Measures on elimination of the conditions promoting distribution of terrorism;

- Measures on prevention of terrorism and struggle against it;

- Measures on strengthening of potential of the states on prevention of terrorism and struggle against it and strengthening of a role of system of the organisation of the incorporated nations in this area;

- Measures on maintenance of general respect of human rights and the supremance of law as a fundamental basis for struggle against terrorism.

As it was spoken earlier, struggle only with terrorism consequences is obviously insufficient and should be combined with measures which could liquidate conditions of its occurrence and existence. For this reason it is very important, that within the limits of the United Nations it not only is understood, but also is one of priority directions of activity.

The second group consists of the basic measures, called to deprive terrorists of access to means for realisation of their attacks, to objects of their attacks and possibilities of achievement of desirable results of their attacks.

It is rather characteristic, that among the measures directed on prevention of terrorism and struggle against it, is not only the general, such as an appeal to observe norms jus cogens and principles of the international criminal law, but also quite concrete measures, as sanctions concerning the terrorist organisations (AlKaida, the Taliban). Measures which urged to modernise and unify the national legislation of member states of the United Nations, are combined in the Plan with measures which are accepted for international law modernisation as a whole, and also set priorities of regional and bilaterial cooperation.

Can seem, that the third group of measures is the least concrete, by explanatory dictionary definition, the potential is «capacity degree in any relation, set of the means necessary for something» [55]. Measures on prevention of terrorism and struggle against it are developed to allow the international community to save up concerning strengthenings of potential of the states necessary power, to prepare required means and then, having realised other points of the Plan, and having hardened the international cooperation, to strike solving blow in struggle against the general enemy. Only under condition of performance of measures on strengthening of potential of each of the states and strengthenings of a binding and co-ordinating role of the United Nations there will be a possibility of effective performance of measures on practical counteraction to terrorism.

Analyzing measures on strengthening of potential of the states and strengthening of a role of system of the United Nations in struggle against terrorism, it is necessary to pay attention, first of all, that the primary goal - to develop activity in the given sphere of already existing mechanisms. It means also the best control over observance of the international arrangements by all parties, and activization of the international information exchange and cooperation, deeper and serious work in struggle against terrorism from the international organisations and bodies of system of the United Nations. As a matter of fact, in these measures it is underlined, that for today the international community possesses necessary toolkit and has sufficient potential for effective struggle against terrorism, it is important only to be able to take advantage and advantage of them as more as possible effectively.

Terrorism certificates show extreme neglect basic human rights, development of institute of general respect of the personal rights and the supremance of law has solving values for realisation of all other measures of Strategy. As a matter of fact, protection of human rights and the supremance of law also are the purpose for the sake of which the international community combats terrorism. Any measures of prosecution of terrorism are fraught with possible unjustified infringement of the rights and freedom of the person, and it is necessary for avoiding. The fourth group of measures is directed on maintenance of these purposes, and also on protection of the rights of victims of terrorists.

The general recognition of basic value of respect of all human rights and fundamental freedoms is one of the United Nations main objectives, fixed, including, in the Organization Charter. Measures of this point of the Plan provide, as has been told, not only the general support and protection of fundamental laws of the person in the conditions of struggle against terrorism, but also the actions directed on protection and restoration of the rights of victims of terrorists. The mentioned resolution of General Assembly 60/158 from December, 15th, 2005 about protection of human rights and fundamental freedoms in the conditions of struggle against terrorism opens measures which should be accepted little bit in more details.

Strategy, however, not isolated document that is underlined in a preamble, and operates it indissolubly and in one key with earlier documents, in particular, it is a question of the Declaration on measures on liquidation of the international terrorism of 1994 and its Declaration supplementing 1996. It is obviously important to carry out the short analysis of the specified documents. The declaration of 1994 without reserve condemns all certificates, methods and terrorism practice where and by whoever they were carried out as criminal and not able to have any justifications for political, racial, religious or other reasons. In the declaration it is underlined, that certificates, methods and practice of terrorism not only roughly neglect the purposes and United Nations principles, but also bear in itself threat to an international peace and safety, threaten human rights and friendly interstate relations.

According to the Declaration of 1994 the states are offered to accept effective and drastic measures according to norms of international law and at observance of the conventional standards of human rights.

The declaration provides also a number of practical measures on strengthening of the international cooperation, the Secretary general of the United Nations should render assistance in which realisation:

- Data gathering about the status and realisation operating multilateral, regional and the bilateral agreements, concerning the international terrorism, including the information on the incidents the international terrorism was which reason, and also about criminal prosecution and punishment, on the basis of the information received from depositaries of these agreements and member states;

- Preparation of the collection of national laws and decisions about the prevention and liquidation of the international terrorism in its forms and displays, on the basis of the information received from member states;

- The state-of-the-art review of the existing international legal documents, concerning the international terrorism to promote the states in definition of aspects of this question which have not been covered by such documents and could be studied with a view of the further development of legal frameworks of the conventions, concerning the international terrorism;

- The review of the United Nations of possibilities available within the limits of system on rendering assistance to the states in the organisation of seminars and training courses on struggle against the crimes connected with the international terrorism.

In the Declaration of 1996 positions of the Declaration of 1994 as a matter of fact are duplicated. Member states of the United Nations have confirmed, that without reserve condemn all certificates, methods and terrorism practice where and by whoever they were carried out, that conscious financing, planning of acts of terrorism and instigation to their fulfilment also contradict the purposes and United Nations principles. Addition to the text of the first Declaration is position that, at the conclusion or application of agreements on delivery, the crimes connected with terrorism, should not consider as political crimes, and, accordingly, should not be excluded from sphere of action of these agreements. Besides it, it is recommended to the states even when the contract is absent, to consider possibility of rendering of assistance in delivery of the persons suspected of fulfilment of acts of terrorism, how much it allows the national legislation. Also member states of the United Nations underline exclusively great value of acceptance of measures on an exchange of special data and the information on terrorists, their movement, received by them

Support and their weapon, and also to information interchange about investigation of acts of terrorism and suit for their fulfilment [56].

Thus, having investigated conventional cooperation in struggle against the international terrorism within the limits of the United Nations, it is possible to draw a conclusion, that for today the international community develops extensive legal toolkit on struggle against the international terrorism. However realisation of the measures provided by Conventions, and also work of the mechanisms provided by them frequently depends on regional arrangements, from current political conditions, and in more degree it is connected with that fact, that the conceptual device of the considered international legal documents supposes various understanding and interpretation of the term "terrorism" in the national legislation of the state-participants of these contracts. Nevertheless, constant perfection of the international conventional cooperation, acceptance of corresponding reports, and also the contracts answering to new calls and threats, allows to count on the further development of this direction of antiterrorist activity.

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A source: Moiseyev Alexander Igorevich . INTERNATIONAL LEGAL terrorism definition. The dissertation on competition of a scientific degree of the master of laws. Moscow -. 2015

More on topic § 1. The conceptual device and the maintenance of antiterrorist contracts of the United Nations:

  1. §1. Terrorism signs in antiterrorist conventions of system of the United Nations
  2. prospects of the introduction of the Convention of the United Nations Organization about contracts in full or in part sea international transportation of cargoes in force
  3. CHAPTER 2. CONCEPT "TERRORISM" In mezhdunarodnopravovoj the SCIENCE And ANTITERRORIST CONVENTIONS of the United Nations
  4. 3.1. Multimodal aspects of the Convention of the United Nations Organization about contracts in full or in part sea international transportation of cargoes (Rotterdam rules) and its parity with other transport conventions
  5. Chapter 2. Short stories of the Convention of the United Nations Organization about contracts in full or in part sea international transportation of cargoes (Rotterdam rules)
  6. Chapter 3. Multimodal aspects and prospects of coming into force of the Convention of the United Nations about contracts in full or in part sea international transportation of cargoes (Rotterdam rules)
  7. the Basic difficulties of conceptual, standard and practical character on a way of realisation of measures, the United Nations provided by intergovernmental process on strengthening and increase of efficiency of functioning of system of contractual bodies under human rights
  8. § 1. Origin and development of ideas of operations of the United Nations on world maintenance
  9. § 2. Concept, definition and kinds of operations of the United Nations Organization on world maintenance
  10. § 3. The International legal bases of operations of the United Nations on maintenance the world
  11. § 2.4. United Nations Plan of action on maintenance of safety of journalists and an impunity problem
  12. § 2. Interaction of the United Nations and OAE in questions of maintenance of the world and safety at regional level
  13. the Comparative analysis of separate positions of the Statute of League of the Nations and the United Nations Charter
  14. the convention of the United Nations Organization on contracts polnostjuili partially sea international transportation of cargoes (Rotterdam rules) as historical attempt to provide conformity of rules of law to modern conditions of trading navigation
  15. § 1. The International legal status of armed forces of the United Nations for carrying out of operations on world maintenance
  16. the declaration on fact-finding by the United Nations Organization in the field of maintenance of an international peace and safety of 1991
  17. the United Nations convention on a marine law of 1982 and the Agreement on realisation of positions of the Convention of the United Nations on a marine law of 1982 which preservations of transboundary fish stocks and stocks of far migrating fishes and management concern with them, 1995
  18. CHAPTER 1. THE THEORY AND HISTORY OF DEVELOPMENT AND FORMATION OF OPERATIONS OF THE UNITED NATIONS ON WORLD MAINTENANCE
  19. CHAPTER 2. Confrontations and participation of forces of the United Nations in operations on compulsion to the world and in operations on international peace and safety maintenance
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